Hemant Soren, the former Chief Minister of Jharkhand, is seeking to evade charges relating to money laundering against him by “abusing power”, the Enforcement Directorate (ED) told the Supreme Court on May 20, 2023 and opposed his plea for bail to run in Lok Sabha elections.
The ED contended that there is no politician who can claim any higher status than an ordinary citizen before court and if Mr. Soren is given bail for campaigning during elections, all politicians in jail would want same claiming they are different from others.
Mr. Soren’s appeal against his arrest and for interim relief will be heard tomorrow by a Vacation Bench of which Justice Dipankar Datta presides over.
The ED argued that India has an all-year-round election cycle and if special treatment is granted as prayed by Mr. Soren no politician should be arrested thereafter or detained in judicial custody anywhere in India.
In its counter-affidavit, the ED said: “There is an active attempt on the part of the petitioner (Mr. Soren) to subvert the investigation by misusing state machinery and to project the proceeds of crime as untainted through his stooges.”
It added that it was evident from material on record that properties acquired/possessed by JMM leader were proceeds of crime done illegally.
“Presently under Prevention of Money Laundering Act alone there are many politicians who are in judicial custody while their cases are being examined by courts with competence sustaining their custody. There is no reason why a special prayer for a special treatment by the petitioner be acceded to,” submitted 285 pages long affidavit submitted by ED.
“The right to campaign for an election neither flows from fundamental right nor constitutional right and not even a legal right,” says ED.
It went on to say: “No doubt all politicians incarcerated in some case or other would seek similar treatment asserting themselves as politicians being a class apart.”
