Former Jharkhand CM Hemant Soren is attempting to subvert the probe into the money laundering case against him by “misusing state machinery”, the Enforcement Directorate told the Supreme Court on Monday, May 20, 2023, and opposed his “special prayer” for interim bail to campaign in the Lok Sabha election.
Contending that a politician can claim no special status higher than that of an ordinary citizen, the ED told the apex court that if Mr. Soren is granted interim bail for poll campaigning, then all incarcerated politicians would seek a similar treatment claiming that they are a “class of their own”.
A Vacation Bench headed by Justice Dipankar Datta is scheduled to hear Mr. Soren’s plea against his arrest and for interim bail on Tuesday.
Emphasising that elections are all-year-round phenomena in the country, the ED said no politician can be arrested and kept in judicial custody if Mr. Soren’s prayer for grant of “special treatment” is acceded to.
In a counter-affidavit, the ED said, “There is an active attempt on the part of the petitioner (Mr. Soren) to subvert the investigation by misusing state machinery and to project the proceeds of crime as untainted through his stooges.”
It added that the materials on record establish that the Jharkhand Mukti Morcha leader is involved in the acquisition/possession of properties, which are proceeds of crime, illegally.
“Under the Prevention of Money Laundering Act alone, presently, there are many politicians who are in judicial custody and their cases are examined by competent courts upholding their custody. There is no reason why a special prayer for a special treatment by the petitioner be acceded to,” the ED said in its 285-page affidavit.
“… the right to campaign for an election is neither a fundamental right nor a constitutional right, and not even a legal right,” the ED said.
“… there is no gain saying that all politicians incarcerated in some case or the other would seek a similar treatment claiming that politicians are a class of their own,” it said.