New Delhi: After the Supreme Court on Friday refused to entertain former Jharkhand chief minister Hemant Soren’s plea challenging his arrest and directed him to approach the Jharkhand high court, his counsel Kapil Sibal has said that the apex court must clarify the matters in which it can be approached.
Addressing a press conference on Saturday (February 3), Sibal who is a Rajya Sabha MP and a senior advocate in the Supreme Court, said that the apex court must inform the public of its policy of admitting pleas. “We should be informed by the court that which are the matters in which we can approach the Supreme Court and in which matters we should not. Because we don’t know if we file such a plea whether the Supreme Court will admit it or not,” said Sibal
A Supreme Court bench of Justices Sanjiv Khanna, M.M. Sundresh, and Bela M. Trivedi on February 2, directed Soren’s writ petition to be moved in the Jharkhand high court and asked Sibal, who is Soren’s counsel, as to why the matter cannot be heard by the lower court.
“First, courts are open to everybody. Second, high courts are constitutional courts. If we permit one person to come here, we will have to allow everyone,” Justice Khanna was quoted as saying by LiveLaw.
Soren’s plea came up after a bench led by Chief Justice D.Y. Chandrachud on Thursday had agreed to list the chief minister’s petition on Friday.
Soren had filed a petition in the Jharkhand high court challenging the ED arrest but when he filed a similar petition at the Supreme Court, Sibal undertook that he would withdraw the high court petition.
Referring to Article 32 of the Indian constitution which states that individuals have the right to approach the Supreme Court seeking enforcement of other fundamental rights recognised by the constitution, Sibal said that the apex court must make a policy under which the public should know when to approach the court.
“I think there would hardly have been any such instance in the history of India when a sitting chief minister is arrested and that is also not deserving to be heard under Article 32. It would have been different if the Supreme Court had heard us and then, after hearing it, said ‘we don’t want to interfere and go to the high court’. But to tell us first that we should go to high court without hearing…” he said.
Hitting out at the Bharatiya Janata Party (BJP)-led Union government, Sibal said that the aim is to ensure that there is no opposition chief minister in any state.
“They will do this against [Delhi chief minister Arvind] Kejriwal. They want only double-engine governments and no opposition government. Now, what will happen is that 10 more cases will be slapped on Hemant Soren while in custody. All of them made-up cases, so that he does not come out of jail and which will benefit the BJP in the Lok Sabha elections,” he said.
Arrested in an alleged land scam case, Soren stepped down as chief minister late on January 31. While leaders of his party, the Jharkhand Janmukti Morcha, have noted the timing of the arrest – just before the general elections – and called it a brazen act of political vendetta, Soren had expressed fear that his arrest may allow the Union government to impose president’s rule in the state. He has also invoked the SC/ST (Prevention of Atrocities) Act against ED officers for allegedly harassing him.
Sibal said that the matter relates to 2007, but the arrest took place in 2024. “If we don’t go to the Supreme Court, where will we go? What is happening in the country? What kind of politics is this?” he asked.