Ranchi: Bandhu Tirkey, former minister, member of the coordination committee of the Jharkhand government and working president of Jharkhand Pradesh Congress Committee, has said that today the Enforcement Directorate (ED) could neither present evidence nor strong documents or evidence in the PMLA Special Court. He said that the way all constitutional provisions have been flouted to arrest the Chief Minister of a state is unfortunate. Mr. Tirkey expressed confidence that tomorrow there is every possibility of getting relief not only from Ranchi but also from the Supreme Court. He said that he has full respect for the competent court. Shri Tirkey said that since the matter is judicial, it would be better to present his points point wise.
Enforcement Directorate (ED) allegations
1. To acquire 8.5 decimal land in Bariatu Bargai in one’s name.
2. Approximately Rs. 36,00,000/- (Rs. thirty-six lakh) and some documents were recovered from the government residence in Delhi.
Provision of law and reasoning of legal experts
1. Prevention of Money Laundering Act (PMLA) is a special law.
2. PMLA can be registered only in case of violation of a scheduled offense of this law.
3. No sections of scheduled crime have been imposed against the Honorable Chief Minister nor is there any mention of scheduled crime being committed in this case.
4. There is neither any alleged land in the name of Chief Minister Hemant Soren, nor any agreement nor any Jamabandi.
5. An FIR was lodged against Circle Officer (CI) Bhanu Pratap only on the orders of Chief Minister Soren, after which ED sent Bhanu Pratap and others to jail.
6. If Chief Minister Soren had a hand in the said land scam, an FIR would never have been filed by CM Soren.
7. If it had not been done then CM Soren should have been arrested by ED in the same FIR.
8. Since ED did not find anything against CM Soren, ED did not even interrogate CM Soren in that case.
6. As far as the land situated in Bargai is concerned, that land is brown land.
7. According to the rules, brown land cannot be transferred.
8. Neither the government nor the court has any authority regarding Bhuihari land.
9. The owner of Bhuihari land is Pahan who issues the receipt for the land.
10. Thus there is no question of Chief Minister Soren taking that land.
11. ED could not show any proof in the court that the said land was in the name of CM Soren.
12. ED does not have the right to investigate the recovery of cash because the case does not fall under the category of scheduled crime, yet planting the money cannot be ruled out by ED.
13. The ED had no authority to arrest CM Soren nor is there any concrete evidence.
14. The Supreme Court has said in many of its decisions that ED cannot arrest anyone during interrogation.
15. CM Soren has been arrested by the ED by abusing its powers, while the case is listed in the court of the Chief Justice of the Supreme Court tomorrow.
Our popular Chief Minister Hemant Soren has been implicated in the conspiracy by ED, but the way ED could not present its strong evidence and evidence during the court debate today, it is clear that it is acting at the behest of someone only in the spirit of resistance and Is working on unsolicited orders. We have full confidence that tomorrow a decision will be taken from the competent court in favor of Honorable Shri Hemant Soren ji.