The Supreme Court has scheduled a hearing for Jharkhand Chief Minister Hemant Soren's petition against the Enforcement Directorate (ED) summons for September 18. The decision to adjourn the case was made on Friday in response to a request from Soren's legal team.
Soren's petition links the issuance of ED summons to the upcoming national elections, alleging that the ED's notice was designed to intimidate political leaders at a time when opposition parties have formed the INDIA coalition. He asserts that these summons are an attempt to destabilize an elected democratic government ahead of the general elections.
With the general elections on the horizon, Soren points out that the political atmosphere in the country has been charged, and opposition parties have united to form the INDIA alliance, in which he and his party actively participate. They are not aligned with the National Democratic Alliance (NDA).
Soren expresses his lack of awareness regarding the alleged offense or criminal case for which the ED seeks to question him. The plea argues that non-disclosure of the remit of the ED's investigation would enable an impermissible fishing inquiry.
In addition to challenging the summons, the petition also seeks to challenge the constitutional validity of Section 50 of the Prevention of Money Laundering Act (PMLA), which pertains to the issuance of summons, and Section 63, which empowers the ED with vast powers during interrogation, including securing statements or confessions for use during trials and launching criminal proceedings for "false" information.
The ED, represented by lawyer Zoheb Hossain, informed the Supreme Court that the issues raised in Soren's petition were covered by the Vijay Madanlal judgment, referring to a verdict from July 27, 2022, which upheld the ED's powers for search, seizure, and arrest. However, the Supreme Court had agreed to revisit this judgment in open court on a review petition filed by Congress MP Karti P Chidambaram and others.
Additionally, a different bench of the Supreme Court had earlier admitted a petition challenging the validity of Sections 50 and 63, similar to the provisions highlighted by Soren, thereby opening the door for further consideration of these issues.
The hearing on September 18 will provide an opportunity for the Supreme Court to delve into the constitutional and legal aspects of these summons and the powers of the ED, which have been subjects of ongoing debate and legal challenges.