The Enforcement Directorate (ED) has asked Jharkhand Chief Minister Hemant Soren to join the investigation again next week in the land scam case. In fresh summons, the 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 cabinet ministers were inside, and his supporters and Jharkhand Mukti Morcha (JMM) members were outside sloganeering.
The ED wants the CM to appear at their office this time.
“Amicable” vs “Kidnapping Charge”
Agency officials called the earlier questioning “amicable” but JMM Central General Secretary Supriyo Bhattacharya alleged that the agency planned to “forcibly take away the CM”. “There was a plan by CRPF to forcibly enter the CM’s residence, open fire at JMM workers (who had gathered outside). They wanted to take Hemant Soren from his residence to Delhi, the aircraft was ready at Ranchi airport,” Bhattacharya alleged.
Post questioning Soren addressed supporters outside. “You need not be afraid. Keep your morale high. I assure you that your leader would take the first bullet fired at us,” he said.
Local probe officials said the Central Reserve Police Force (CRPF) was informed only to avoid a West Bengal-like situation where the ED officials were attacked. “The CRPF just came for a short while, outside the (Soren’s) residence where a crowd had gathered,” the officials said.
Soren agreed to answer ED questions after eight summons went unanswered. In the round two of questioning, the ED wants clarification about the 8.5 acre plot bought in Bariatu Ranchi. So far, 14 people have been arrested in the case and investigation suggests that the land was acquired through proceeds of crime involving the illegal sale of army land.
Delhi CM Questioning Awaited
Even as the ED prepares its questionnaire for Soren, it is weighing legal options for Delhi Chief Minister Arvind Kejriwal who has evaded four summons so far. Kejriwal in his reply to the ED notice has sought clarification on whether he is being called an accused or a witness. “Under Section 50 of Prevention of Money Laundering Act (PMLA), the investigating officer does not need to clarify in what capacity a person is being summoned. That decision can be taken only after the questioning,” an official said.
Section 50 of PMLA states, “The Director, Additional Director, Joint Director, Deputy Director or Assistant Director shall have power to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investigation or proceeding under this Act”.
Officials said getting a warrant from court is an option being looked at. “Production warrant is an option but since he is a sitting chief minister, the courts may be wary,” an official said.
The Supreme Court in an order last October had opined that non-cooperation cannot be a ground for penal action. “Mere non-cooperation of a witness in response to the summons issued under Section 50 of the Act of 2002 would not be enough to render him/her liable to be arrested under section 19,” it had said.
This has queered the pitch further for the liquor scam probe team. Since Arvind Kejriwal has given written replies to the ED summons each time, his legal team could counter the non-cooperation argument, the probe officials said.
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