The Enforcement Directorate (ED) is preparing to file a special leave petition (SLP) with the Supreme Court following a recent decision by the Jharkhand High Court granting bail to Hemant Soren, former chief minister and JMM leader, in a money-laundering case, according to official sources on Wednesday.
The ED is expected to contest the June 28 order issued by Justice Rongon Mukhopadhyay's bench, arguing that the court's conclusion of Soren's innocence is flawed and that the accused fails to meet the dual criteria specified under section 45 of the Prevention of Money Laundering Act (PMLA).
The high court determined that there was "reason to believe" that Soren was not guilty of the alleged offence according to the ED, and that there was no likelihood of the petitioner committing a similar offence.
Section 45 of the PMLA specifies that bail may be granted to an accused in a money-laundering case if two conditions are met: first, if the court is prima facie convinced that the accused did not commit the offence, and second, if there is no likelihood of the accused committing any offence while on bail.
The federal agency intends to approach the apex court based on these grounds outlined in its Special Leave Petition (SLP).
On the day the high court granted relief to Soren, the ED's legal team had requested a 48-hour stay on the implementation of the bail order to enable them to approach the Supreme Court. However, the high court declined the plea.
On Wednesday, Hemant Soren asserted his claim to become the next chief minister of Jharkhand, following which his party colleague, Champai Soren, resigned from the top position.
Soren, aged 48 and serving as the executive president of the Jharkhand Mukti Morcha (JMM), was arrested by the ED on January 31 at the Jharkhand Raj Bhavan in Ranchi, shortly after stepping down as the chief minister.
The money-laundering case against Soren revolves around allegations of his involvement in "illegally" acquiring an 8.86-acre land in Ranchi with the assistance of state government officials and others.
A chargesheet was filed by the ED against Soren and some others on March 30 before a special PMLA court in Ranchi.
Website designed, developed and maintained by webexy