Court adjourns hearing of ED case against Soren
RANCHI: The court of the chief judicial magistrate (CJM) in Ranchi on Wednesday adjourned the hearing of a case filed by the Directorate of Enforcement (ED) against former Jharkhand chief minister Hemant Soren to a later date, after the latter failed to appear, lawyers close to the developments said.
The case pertains to Soren allegedly not respecting the central agency’s summons before his arrest in connection with a money laundering case linked to a land scam in Ranchi.
A civil court advocate said that it happened because the summons issued by the CJM court did not reach Soren on time.
“Soren is in jail, while a summons was sent to his residential address,” the advocate said.
Soren’s advocate in the civil court, Pradeep Chandra, confirmed the development. “Sevice of summons was not received by the court, hence adjournment was granted for appearance on the next date,” he said.
When asked about the next date, advocate Chandra said, “The next date is April 18.”
Another civil court advocate familiar with the complaint case said, “On March 4, the CJM court had taken cognizance of the complaint filed by the ED under section 174 of the Indian Penal Code (IPC) against former chief minister and Barhet MLA Hemant Soren for not respecting the agency’s summons.”
“Cognizance under Section 174 IPC is taken when the court prima facie finds that whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order, or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart,” the civil court lawyer said, explaining section 174 of the IPC.
Another civil court lawyer said the ED had filed the complaint on February 19.
“In the complaint lodged by the ED, it has been stated that despite repeated summons, Soren did not comply with the order. He also violated many summonses. In this case, on February 28, the court reserved its judgment after hearing arguments from both sides. The ED issued ten summons to Hemant Soren in the case related to a land scam, but he appeared only in response to two summons. He did not appear before the agency in response to eight summons, which has been considered as disregard of the summons,” the lawyer said.
Soren on Tuesday withdrew his plea from the Supreme Court, challenging a high court order that refused to grant him permission to attend the budget session of the state assembly.
Hemant Soren withdrew the plea as it had become infructuous because assembly session has ended. However, Soren’s counsel, Senior Advocate Kapil Sibal urged the court to keep the question of law open.
A bench of Justices Surya Kant and KV Vishwanathan agreed to keep the questions of law open over the issues raised.