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Jharkhand High Court Refuses Stay on Framing of Charges; Issues Notice to ED for October 28 Hearing


In a critical judicial development carrying deep political ramifications, the Jharkhand High Court has declined to halt trial court proceedings against Chief Minister Hemant Soren in connection with the high-profile 8.86-acre Bargain land money laundering case. Hearing Soren's petition challenging the special Prevention of Money Laundering Act (PMLA) court’s decision to frame charges against him, the High Court issued formal notices seeking a comprehensive reply from the Enforcement Directorate (ED) and arrayed the Union of India as a respondent, scheduling the matter for detailed hearing on October 28. Crucially, the bench refused to grant an interim stay on the framing of charges, paving the way for the lower court to proceed with formal trial formalities.High Court Refuses Interim Stay; Special ED Court Free to Frame ChargesThe bench explicitly clarified that pending petitions in the higher judiciary should not become an avenue to halt trial momentum:No Ground for Delay: The High Court stated that the central agency should not seek adjournments from the trial court purely citing the pendency of proceedings before the High Court, effectively clearing legal roadblocks for the special ED court in Ranchi to read out and frame charges against Soren.Plea of Not Guilty: The Chief Minister has maintained his innocence, consistently pleading not guilty to all allegations of money laundering and declaring his determination to contest the charges through trial.Division Bench Hearing: The matter was placed before the bench comprising Chief Justice MS Sonak and Justice Manoj Prasad, which took up the urgent plea challenging the lower court's decision to proceed with framing charges despite ongoing auxiliary investigations.The Section 44(1)(d) PMLA Argument and Courtroom ExchangeCounsel representing Chief Minister Hemant Soren raised statutory objections regarding the timing of the charge framing:Incomplete Investigation Argument: Soren’s legal team argued under Section 44(1)(d) of the PMLA, contending that trial courts should refrain from framing formal charges until the investigating agency brings its wider probe to an absolute conclusion. The defense asserted that since broader probes into connected land transactions remain underway, proceeding with charges prematurely prejudices the accused.Timing Constraints and Shift Adjustments: During Tuesday's listing, proceedings were adjourned to Wednesday afternoon due to schedule constraints. When Soren’s counsel requested a Wednesday morning listing to precede scheduled lower court proceedings, Additional Solicitor General of India (ASGI) SV Raju, appearing virtually for the federal agency alongside senior advocate Amit Kumar Das and advocate Saurabh Kumar, requested a second-half slot due to urgent engagements in the Supreme Court. Acceding to the request, the bench scheduled the matter for 2:15 PM on Wednesday.Special Court Adjournment: In tandem, the Ranchi ED court had deferred its charge-framing session until 4:15 PM on Wednesday to accommodate the High Court's review.Next Hearing on October 28 as Central Agency Prepares Detailed ReplyWith the High Court declining to shield Soren from trial court indictment, focus now shifts to the trial timeline:Notice to Union Government and ED: The High Court formally served notices returnable on October 28, directing the Enforcement Directorate and the Ministry of Finance to submit detailed counter-affidavits addressing the legal interpretations raised under Section 44 of the PMLA.Bargain Land Fraud Genesis: The central agency's money laundering investigation stems from alleged forged revenue records and unauthorized commercial transactions involving prime parcels of tribal land spanning 8.86 acres in Bargain circle, Ranchi. With the High Court’s latest directive, the trial court retains the discretion to formally bind Soren to trial ahead of the late October hearing.

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