Supreme Court stays ED action against Hemant Soren in non-appearance case

New Delhi: The Supreme Court Wednesday stayed the criminal proceedings initiated by the Enforcement Directorate against Jharkhand chief minister Hemant Soren over alleged wilful disobedience of summons issued by the agency under the Prevention of Money Laundering Act.

A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi stayed the proceedings pending before the chief judicial magistrate, Ranchi, on the criminal complaint filed by the ED over alleged violation of summons.

The bench passed the interim order while issuing notice to the agency on an appeal filed by Soren, challenging the Jharkhand High Court's refusal to quash the proceedings.


The counsel for ED contended that Soren did not appear despite being issued summons seven times. Countering this, senior advocate Mukul Rohatgi, representing Soren, said, "he appeared thrice and you arrested him (Soren)". The ED's counsel also submitted that the quashing petition was filed belatedly, one year after the magistrate took cognisance.

Staying the high court's order, CJI verbally told ED's counsel that the agency has filed "bulk complaints". CJI added "concentrate and spend your energy on those complaints. You will have some constructive outcomes".

Weighing in, Justice Bagchi added, "(focus on) effective prosecution. These are in terrorerm prosecution. Purpose has been served".

ED had registered a case against Soren's associate from whom documents relating to 8.86 acres of land were allegedly recovered, belonging to the CM. Soren has repeatedly denied any wrongdoing or involvement in the said case.

A case under PMLA was registered and during investigation, summons were issued to Soren to personally appear and give a statement regarding the alleged land. However, he didn't appear. Eventually, he was arrested on January 31, 2024.

The agency alleged wilful disobedience of summons under Section 50(4) of PMLA, attracting Section 63(4) of PMLA read with Section 174 of IPC for hampering the investigation of a serious offence of money laundering.

Based on ED's complaint, the chief judicial magistrate of Ranchi found a prima facie case under Section 174 of IPC and issued the summoning order. The high court refused to quash, stating that whether he was supposed to appear in person or not is a question of fact that has to be determined in trial. Aggrieved, Soren had moved the top court.