Jharkhand High Court today reserved its verdict on a writ petition by Hemant Soren, who has challenged his arrest as “unwarranted”, “illegal” and “violative of his fundamental rights”. 

A bench of acting Chief Justice Shree Chandrashekhar and Justice Arun Kumar Rai reserved judgment after hearing his writ petition submitted by Supreme Court senior lawyer Kapil Sibal. Sibal claimed that the arrest of the JMM leader in a money laundering case is “pure malafide”.  

It is “bizarre to say the least” that a parcel of land, which was allegedly in Soren’s “possession” since the year 2009-10, was sought to be put in the government records 14 years later, and the Enforcement Directorate foiled the attempt, Sibal argued. 

 His argument was made on the basis of the ED’s claim that “there was an attempt to falsify the records of that (land) register so that the property can be entered in the name of Hemant Soren, which was foiled by timely actions of this office (ED)”. 

Sibal argued that there was no scheduled offence that applied in the case and no proceeds of crime relating to the offence in which Soren was arrested on January 31 evening. 

The case has its own history.It is linked with illegal sale and purchase of an Army land in Ranchi in which Jharkhand cadre-IAS officer Chhavi Ranjan was also an accused. 

The investigation into the 4.55 acres of Army land led the ED to a revenue sub-inspector of Baragain Circle Office Bhanu Pratap Prasad, who is allegedly part of a syndicate falsifying land records. Several original registers were found in Prasad’s possession following which he was arrested. 

The ED stated that Bhanu’s phone data was extracted wherein several WhatsApp chats related to cash transactions., illegal benefits to others in acquiring land were identified. 

The agency emphasised on “one image” of handwritten notes containing a list of land parcels which were “illegally acquired and in possession of Soren”. 

According to the ED, the land parcels totalling an area of 8.5 acres in Baragain area were physically verified by Prasad on the instructions of the CMO. The agency said its survey under the PMLA of the same area also confirmed that the Soren had illegal possession of the land. 

The Assistant Solicitor General ASG SV Raju countered Sibal saying that Bhanu’s phone data was extracted wherein several chats related to cash transactions., illegal benefits to others in acquiring land were identified. 

The agency had earlier emphasised on “one image” of handwritten notes containing a list of land parcels which were “illegally acquired and in possession of Soren”. 

According to the ED, the land parcels totalling an area of 8.5 acres in the Baragain area were physically verified by Prasad on the instructions of the CMO. The agency said its survey under the PMLA of the same area also confirmed that the Soren had illegal possession of the land. 

In support of the ED, ASG SV Raju said: “It is not necessary that the accused person who has committed the offence of money laundering should be named in the predicate offence or should have a role in the predicate offence.” He said that the “register seized from Bhanu’s possession” is proceeds of crime. 

However, CJ Shree Chandrashekhar said on first day of hearing on Tuesday, “But there is no manipulation of the register…This is a perceived attempt at best (to manipulate).” Today the bench heard ASG SV Raju again and kept the judgement reserved.