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The Supreme Court of India has refused to grant interim bail to former Jharkhand chief minister Hemant Soren in connection with a money laundering case related to an alleged land scam in the state.
A vacation bench of the apex court, comprising Justices Dipankar Datta and Satish Chandra Sharma, also pulled up Soren for suppressing the fact that he had filed a bail plea before a trial court, saying his conduct was not free from blemish.
Senior advocate Kapil Sibal, appearing for Soren, withdrew the application after the court warned that it would otherwise dismiss the plea. This means that the Jharkhand Mukti Morcha leader will not be able to campaign for the ongoing Lok Sabha elections.
The court pointed out that a Jharkhand trial court had already taken cognisance of the offences under the Prevention of Money Laundering Act (PMLA) and had rejected Soren's bail plea based on prima facie incriminating evidence against him.
The bench highlighted that once cognisance has been taken by a judicial forum and a conclusion has been reached that there are materials justifying an arrest, it is not appropriate for another court to look into the same materials.
The Supreme Court also distinguished Soren's case from that of Delhi chief minister Arvind Kejriwal, who was previously granted interim bail in a money laundering case so that he could campaign in the ongoing Lok Sabha elections.
In Kejriwal's case, he had not sought regular bail from a trial court, nor had there been any judicial order of cognisance against him in the Delhi excise policy case.
The court's decision is a setback for Soren, who was hoping to be released on bail so that he could campaign for his party in the upcoming elections.
It also raises questions about the independence of the judiciary and the role of the courts in upholding the rule of law.
The Supreme Court's decision is a reminder that no one is above the law, and that even those in positions of power must be held accountable for their actions.