SC stays PIL proceedings in HC against Jharkhand CM Soren

The Supreme Court on Wednesday stayed the proceedings before the Jharkhand High Court in PILs filed against state Chief Minister Hemant Soren alleging money laundering through shell companies and irregularities in granting mining leases, including to himself.

A bench presided over by Justice U U Lalit, which reserved its verdict on pleas filed by state government on maintainability of PILs before the high court, asked the Enforcement Directorate (ED) as to why it was firing from a PIL petitioner’s shoulders if it had strong evidence.

During the hearing, the court also refused to accept “evidence in sealed cover”, and instead asked the ED to establish its prima-facie case.

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After hearing senior advocates Kapil Sibal and Mukul Rohatgi on behalf of the state and the CM respectively, and Additional Solicitor General S V Raju for the ED, the bench, also comprising Justices Ravindra Bhat and Sudhanshu Dhulia, said: “The order is reserved. Since this court is seized of the matter, the high court shall not proceed further with writ petitions”.

Sibal questioned the maintainability of the PILs, saying that the petitioner did not file an FIR, instead approached the high court in the matter.

He also claimed the PIL was not in consonance with the Jharkhand High Court PIL rules.

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Rohatgi pointed out that there was no prima facie satisfaction of the high court in the matter.

During the hearing, the court also noted that the Chief Minister already had these lands measuring 0.88 acres before he assumed office and it is not as if the office was misused to amass wealth.

ASG Raju, for his part, submitted that petitions should not be thrown out on technical grounds, and technicality should not come in the way in the matter concerning corruption.