SC stays criminal proceedings against Hemant Soren in PMLA summons case

The Supreme Court on Wednesday (February 25) stayed the criminal proceedings initiated against Jharkhand Chief Minister Hemant Soren by the Enforcement Directorate (ED) over alleged wilful disobedience of summons issued by the central agency under the Prevention of Money Laundering Act (PMLA).

The order was issued by a bench of Chief Justice of India Surya Kant, and Justice Joymalya Bagchi stayed the proceedings before the Chief Judicial Magistrate, Ranchi.

Notice issued to ED

While passing the interim order, the bench issued notice to the ED on the Special Leave Petition filed by Soren challenging the Jharkhand High Court's refusal to quash the proceedings against him.

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During the hearing, the ED’s counsel argued that despite being issued seven summons several, Soren did appear before the investigators.

Senior Advocate Mukul Rohatgi, appearing for Soren, countered the argumen,t stating "he appeared thrice and you arrested him,” reported Live Law.

‘Concentrate on complaints’: CJI to ED

"Yesterday we were reading in newspaper, you (ED) have filed bulk complaints. Concentrate and spend your energy on those complaints. You will have some constructive outcomes,” stated the CJI.

"[Focus on] Effective prosecution. These are in terrorerm prosecution. Purpose has been served,” said Justice Bagchi.

What is the case against Soren

The ED had registered a case against an associate of Soren, from whom documents concerning 8.86 acres of land allegedly linked to the Chief Minister were recovered.

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Subsequently, a case under the PMLA was lodged. In the course of investigation, summons were issued directing Soren to appear in person and record his statement in relation to the said land. He did not appear and was later arrested on January 31, 2024.

Issue of wilful disobedience of summons

The agency alleged wilful disobedience of summons under Section 50(4) of the PMLA, attracting Section 63(4) of the PMLA read with Section 174 of the IPC, contending that such non-compliance hampered the investigation into a serious offence of money-laundering.

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On the basis of the complaint and accompanying material, the Chief Judicial Magistrate, Ranchi, found a prima facie case under Section 174 IPC and issued a summoning order.

The High Court declined to quash the proceedings, observing that the question whether he was required to appear personally is a matter of fact to be determined during the trial.