New Delhi: The Supreme Court on Wednesday stayed trial proceedings in a criminal case filed by the Enforcement Directorate (ED) against Jharkhand chief minister Hemant Soren over alleged willful disobedience of summons issued under the Prevention of Money Laundering Act (PMLA).
The bench led by Chief Justice of India Surya Kant, Justices Joymalya Bagchi and Justice Vipul Pancholi passed an interim order staying proceedings in Complaint Case No. 3952 of 2024 pending before the Chief Judicial Magistrate, Ranchi on the criminal complaint filed by the ED over alleged violation of summons.
The bench passed the interim order while issuing notice to the ED on the Special Leave Petition filed by Soren challenging the Jharkhand High Court’s refusal to quash the proceedings.
After staying the high court order, CJI orally told 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.”
Justice Bagchi added that the focus
should be on “effective prosecution,” observing that in certain serious cases, including terror prosecutions, the purpose of the process is already served.
The proceedings stem from a money laundering case linked to an alleged land scam.
The ED started the probe after finding papers linked to 8.86 acres of land from Soren’s associate. They claimed the land belonged to Soren. Under the Prevention of Money Laundering Act (PMLA), the ED sent Soren seven summons to appear in person and give a statement. He showed up three times but skipped the rest. The ED then arrested him on January 31, 2024.
The ED filed a complaint in Ranchi court, charging Soren with disobeying summons. The chief judicial Magistrate agreed there was enough evidence and ordered Soren to appear in court. Soren asked the Jharkhand High Court to cancel the case, but it refused, saying whether he had to come in person was a fact to be decided in trial.
The ED alleged willful disobedience of summons under Section 50(4) PMLA, attracting Section 63(4) PMLA read with Section 174 IPC for hampering the investigation of a serious offence of money-laundering.
Based on the complaint and materials, the Chief Judicial Magistrate, Ranchi, found a prima facie case under Section 174 IPC and issued the summoning order.
The High Court refused to quash, stating that whether he was supposed to appear in person or not is a question of fact that has to be determined in trial.