Jharkhand former Chief Minister Hemant Soren on Monday withdrew from the Supreme Court his plea challenging a high court order that refused to grant him permission to attend the Budget session of Jharkhand Assembly. The Jharkhand budget session was from February 23 to March 2.
Soren who was arrested by the Central probe agency—Enforcement Directorate (ED) had knocked the Apex Court after his plea to attend the budget session was dismissed by Jharkhand High Court.
Soren had sought permission from the Jharkhand High Court to attend the Budget session that started on February 23 and came to an end on March 2. On February 28, the High Court had dismissed his plea.
Senior Advocate Kapil Sibal, appearing for Soren, submitted that the assembly session is over; however, he requested that the question of law be kept open.
Justices Surya Kant and KV Viswanathan acceded to this request and accordingly ordered:
“Ld. Senior Counsel for the petitioner submits that since the State assembly session has already been concluded from 23 February to 2nd March, 2024, the prayer in the writ petition filed before the HC has become infructuous…except that the question of law may be kept open. The Special Leave petition is accordingly dismissed as withdrawn. However, the question of law is kept open.”
In its order, a bench headed by Justice Surya Kant noted that once the session of the Vidhan Sabha has already been concluded from February 23 and March 2, the prayer raised in the special leave petition has become infructuous.
However, the Bench, also comprising Justice KV Viswanathan, said that it would decide if a Chief Minister or an MLA in custody could be allowed to participate in the proceedings of the assembly.
On February 28, the Jharkhand High Court had declined to grant permission to Soren to participate in the budget session of the Jharkhand legislative assembly.
It was argued before a bench of Justice SN Prasad of the High Court that since no charge sheet has been filed against Soren, the right to participate in the Budget Session cannot be taken away merely based on ECIR.
Earlier, the PMLA court in Ranchi had rejected Soren’s application seeking permission to participate in the state assembly’s budget session scheduled between February 23 and March 2.
Soren -- who presently remains in judicial custody -- was arrested by the Enforcement Directorate (ED) in connection with a money laundering case linked to an alleged land scam.
Soren was arrested on January 31st in connection with a money laundering case linked to an alleged land scam case by the Enforcement Directorate (ED). Soren moved to the High Court after he was denied permission to participate in the budget session by a special PMLA court in Ranchi (on February 21).
