'Go to High Court first': SC refuses to entertain ex-Jharkhand CM Hemant Soren's plea challenging ED arrest

Published : Feb 02, 2024, 11:08 AM ISTUpdated : Feb 02, 2024, 11:12 AM IST
'Go to High Court first': SC refuses to entertain ex-Jharkhand CM Hemant Soren's plea challenging ED arrest

Synopsis

Senior Advocates Kapil Sibal and Abhishek Manu Singhvi, representing Soren, argued that the matter involves the arrest of a chief minister, and the Supreme Court has concurrent powers to hear the case.

The Supreme Court on Friday (February 2) directed former Jharkhand Chief Minister Hemant Soren to approach the Jharkhand High Court first before seeking intervention from the apex court in connection with his arrest by the Enforcement Directorate (ED) in an alleged money laundering case.

Senior Advocates Kapil Sibal and Abhishek Manu Singhvi, representing Soren, argued that the matter involves the arrest of a chief minister, and the Supreme Court has concurrent powers to hear the case. However, the court emphasized that high courts are constitutional courts, and Soren should first appeal before the Jharkhand High Court.

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On Thursday, the Supreme Court agreed to hear Hemant Soren's petition against his arrest and constituted a special three-judge bench for the purpose. The bench comprises Justice Sanjiv Khanna, Justice MM Sundresh, and Justice Bela M Trivedi.

The case was presented by senior advocates Kapil Sibal and Abhishek Manu Singhvi before a bench led by Chief Justice of India DY Chandrachud. Solicitor General Tushar Mehta informed the court that the Jharkhand High Court is set to hear the case on the same day.

In response, Kapil Sibal, representing Hemant Soren, stated that they are withdrawing the case from the high court, indicating a shift in strategy. The move to withdraw the case from the high court aligns with the decision to directly approach the Supreme Court for intervention in the matter.

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The case highlights the legal complexities and political implications surrounding the arrest of a former chief minister, underscoring the need for a meticulous legal approach in pursuing legal remedies.

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