SC Directs Hemant Soren to Approach Jharkhand High Court First in ED Arrest Case

New Delhi: The Supreme Court, in a hearing on Friday, advised former Jharkhand Chief Minister Hemant Soren to first approach the Jharkhand High Court regarding his arrest by the Enforcement Directorate (ED). Senior Advocate Kapil Sibal, representing Soren, presented the case, contending that the matter involves the arrest of a chief minister.

SC Emphasizes High Courts as Constitutional Courts

The apex court, through Justice Sanjiv Khanna, asserted that high courts are constitutional courts and advised Soren to initially appeal before the Jharkhand High Court. Senior Advocate Abhishek Manu Singhvi, also representing Soren, argued that the Supreme Court possesses concurrent powers to hear the case, but the court stressed the constitutional standing of high courts.

Court Leaves Open Option for Soren to Seek Remedy in High Court Under Article 226

Justice Khanna conveyed that an earlier Supreme Court order dictates approaching the high court first. The court has left it open for Soren to seek remedy before the high court under Article 226. Soren’s petition under Article 32 challenging his ED arrest will be considered, but the court encourages exhausting legal remedies at the high court level initially.

Court Declines to Control High Court Proceedings

Sibal requested the court to establish a time frame for the high court’s consideration of Soren’s case. However, Justice Khanna declined, stating that the high court has its own procedures. The bench emphasized that when pressed for it, the high court will duly hear the petition, but the Supreme Court will not control the high court’s proceedings.

The order directs Hemant Soren to approach the Jharkhand High Court first before seeking intervention from the Supreme Court.