3 Feb 2024 12:23 PM GMT
The Jharkhand High Court has scheduled the hearing for the petition filed by former Jharkhand Chief Minister, Hemant Soren, challenging his arrest by the Directorate of Enforcement (ED) on February 5.
Initially, the Court had set the matter for February 2. However, during the hearing on the same day, Soren's Counsel requested the withdrawal of the writ petition as Soren had simultaneously approached the Supreme Court.
The Court order noted, “Mr. Sachin Kumar, the learned counsel for the petitioner made a mentioning in the Court that he has been instructed to withdraw the present writ petition in view of proposed hearing of writ petition (Crl.) vide Diary No.4967 of 2024 before the Hon'ble Supreme Court. The learned counsel for the petitioner submits that he shall be filing an application to this effect and the matter may be taken up at 02:15 PM today.”
Following this, the matter was rescheduled for 02:15 PM on the same day. The Additional Solicitor General of India, S.V. Raju, representing the Enforcement Directorate, opposed the withdrawal and sought two days' time to file an affidavit-in-opposition.
Acceding to the request, the Court stated, “We think the respondents should be given an opportunity to place on record their objections.”
“Post this matter on 5th February 2024 at 10:30 AM,” the Court order noted.
The above order was passed by a division bench consisting of Acting Chief Justice Shree Chandrashekhar and Justice Anubha Rawat Choudhary.
Notably, on February 1, Senior Advocates Kapil Sibal and Dr Abhishek Manu Singhvi had mentioned Soren's petition before Chief Justice of India DY Chandrachud on the same morning for an urgent hearing, following which CJI agreed to list the matter tomorrow.
A Special Bench of the Supreme Court comprising Justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi heard the writ petition the next day, whereby the bench refused to entertain the writ petition and asked Soren to approach the Jharkhand High Court under Article 226 of the Constitution, adding that Soren was at liberty to seek expeditious listing of his petition before the high court.