Jharkhand Chief Minister Soren summoned to ED office this time in land scam case; Kejriwal’s legal options are being considered

The Enforcement Directorate (ED) has asked Jharkhand Chief Minister Hemant Soren to join the investigation again next week in the land scam case. In the latest summons, ED has asked him to clarify his availability between January 27 and 31.

Last Saturday, the ED questioned Soren for over seven hours at his residence, where all the cabinet ministers were inside, and his supporters and Jharkhand Mukti Morcha (JMM) members were sloganeering outside.

ED wants the CM to appear in his office this time.

“Amicable” vs. “Allegation of Kidnapping”

Agency officials described the earlier interrogation as “cordial”, but JMM central general secretary Supriyo Bhattacharya alleged that the agency planned to “forcibly take the CM”. “The plan was for the CRPF to forcibly enter the CM residence, open fire on JMM workers (who had gathered outside). They wanted to take Hemant Soren from his residence to Delhi, the plane was ready at Ranchi airport,” Bhattacharya alleged.

After questioning, Soren addressed the supporters outside. “You don’t need to be afraid. Keep your morale high. I assure you that your leader will take the first bullet fired at us,” he said.

Local investigating officials said the Central Reserve Police Force (CRPF) was informed only to avoid a situation like West Bengal where ED officers were attacked. “The CRPF briefly came outside (Soren’s) residence where a crowd had gathered,” officials said.

After not getting response to eight summons, Soren agreed to answer ED’s questions. In the second round of questioning, ED wants clarification regarding the 8.5 acre plot purchased in Bariatu Ranchi. So far 14 people have been arrested in the case and investigation reveals that the land was acquired through proceeds of crime related to illegal sale of army land.

Awaiting questioning from Delhi Chief Minister

While the ED is preparing its questionnaire for Soren, it is considering legal options for Delhi Chief Minister Arvind Kejriwal, who has escaped four summons so far. Kejriwal has sought clarification in response to the ED notice whether he is being called an accused or a witness. “Under Section 50 of the Prevention of Money Laundering Act (PMLA), the investigating officer is not required to clarify in what capacity a person is being summoned. This decision can be taken only after inquiry,” said an officer.

Section 50 of the PMLA states, “The Director, Additional Director, Joint Director, Deputy Director or Assistant Director shall have the power to summon any person whose presence he considers necessary, whether in the course of any investigation or proceeding, to give evidence.” To give or to present any record.” Under this Act”

Officials said obtaining a warrant from the court is an option being considered. “Production warrant is an option but since he is the sitting chief minister, the courts may be cautious,” an official said.

The Supreme Court had said in an order last October that non-cooperation cannot be a ground for punitive action. It said, “Non-cooperation of a witness in response to a summons issued under Section 50 of the 2002 Act will not be sufficient to arrest him under Section 19.”

This has increased the difficulties for the liquor scam investigation team. Investigating officials said that since Arvind Kejriwal has given written replies to the ED summons every time, his legal team can counter the argument of non-cooperation.