How can interim bail be granted if regular bail is rejected?

New Delhi: The Supreme Court, during the hearing on the interim bail application of former Jharkhand CM Hemant Soren, accused in the money laundering case related to the land scam, questioned that if the trial court has taken cognizance of the case and rejected the regular bail, then whether the arrest is legal. Can be tested? The court asked Hemant Soren’s lawyer as to how he/she could be granted interim bail to campaign in the Lok Sabha elections after his/her regular bail plea was rejected. Soren has challenged his/her arrest in the Supreme Court. Has sought interim bail for election campaign.

Case is different from Kejriwal: ED

ED opposed this and said that Soren’s case is different from that of Delhi CM Arvind Kejriwal. If interim bail is granted for campaigning, the cases of many such leaders will come before the court. There will be a flood of such cases. A bench led by Justice Dipankar Dutta has fixed Wednesday for further hearing in the case. Soren was arrested by ED in a money laundering case related to the land scam. Citing Delhi CM Arvind Kejriwal case, he/she has demanded bail for the election campaign. On Tuesday, Soren argued that the allegation of land possession is not in the list of crimes under the Money Laundering Act. In such a situation, ED cannot arrest him/her using the power under Section 19 of PMLA.

Hemant Soren did not get relief from Supreme Court, hearing on interim bail will now be held on 22nd

What did Soren’s lawyer say?

Soren’s lawyer Kapil Sibal argued that the matter is of 8.86 acres of land. Soren has nothing to do with this land. It is alleged that Soren had forcibly occupied this land in 2009-10. ED has registered the case in April 2023. Sibal said that there were no complaints between 2009-10 and April 2023. This matter is completely a civil matter. Sibal cited the recent Prabir Purkayastha Judgment. he/she said that if the arrest itself is invalid then the subsequent remand order itself becomes invalid. On this, Justice Dutta said that there is a difference in some facts. Prima facie it appears that the court has taken cognizance of this matter. Your case is that arrest cannot be made under Section 19, because this case is not of PMLA. In Prabir case the arrest was invalid because its basis was not stated.

What is the basis of opposition to ED?

ED said Soren has misused the state machinery. A complaint has been lodged against the officials under SC/ST Act. In this case, the statement has been recorded under Section 50 of the PMLA Act. It is clear from the facts that illegal acquisition of land took place in Ranchi and it is in the possession of Hemant Soren. It has been used by Hemant Soren. ED has also said that the Jharkhand High Court had rejected the bail application, but Soren has not yet challenged it.

What is the stand of the Supreme Court?

ED has said in the case that campaigning for elections is neither a fundamental right, nor a constitutional right, nor a legal right. If Hemant Soren is given special treatment and interim bail, then no political leader will be kept in jail. However, this argument was also given while opposing the interim bail of Delhi CM Arvind Kejriwal. Now it remains to be seen what decision the Supreme Court takes after this argument.