Supreme Court rules that PILs filed with HC for investigation against Jharkhand CM Hemant Soren cannot stand

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In relief to Jharkhand Chief Minister Hemant Soren, the Supreme Court on Monday ruled that public interest litigation petitions filed in the Jharkhand High Court seeking an investigation against him for alleged money laundering cannot stand. .

The High Court quashed the High Court’s order which held as maintainable the PILs which sought an investigation against Soren for allegations laundering money through shell companies and obtaining a mining lease while in power.

The order was reserved by a bench consisting of Chief Justice of India Uday Umesh Lalit, Justice S Ravindra Bhat and Justice Sudhanshu Dhulia. Judge Dhulia, who delivered judgment today, said the court has upheld the appeals filed by the Jharkhand State Government and CM Soren challenging the High Court order which accepted the maintainability of the PILs. The State and the CM appealed to the Supreme Court after the High Court accepted the sealed documents produced by the Directorate of Enforcement in the PILs.

We have allowed the appeals finding that the PILs are not maintainable,” Judge Dhulia said. The judgment has not yet been uploaded.

During the hearing, Senior Solicitor Kapil Sibal, representing the State Government, submitted a series of submissions which included, showing the questionable conduct of the original petitioner, how the High Court considered the merits of the case. case despite the Supreme Court’s order to review maintainability first and how the Enforcement Branch produced documents in a sealed blanket without incriminating evidence against Soren.

Lead Lawyer Mukul Rohatgi for CM Soren explained that no identification was presented to the satisfaction of the court, how the Claimant and his lawyer deleted the PILs they had filed and how he did not There was no prima facie satisfaction of the High Court in the matter. .

Against these submissions, Additional Solicitor General SV Raju, representing the Law Enforcement Branch, argued that petitions that raise serious issues of criminal activity should not be dismissed on technical grounds.

On May 23, the Supreme Court had ordered the High Court of Jharkhand to first decide on the maintainability of three PILs requesting a CBI/ED investigation against Jharkhand CM Soren regarding the granting of a mining lease, the allegations of MNREGA scam and the transfer of money to front companies. .

State of Jharkhand v. Shiv Shankar Sharma | SLP(C) 10622/2022, Hemant Soren v. Shiv Shankar Sharma SLP(C) No.11364-11365/2022


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