SC Dismisses as Withdrawn Hemant Soren's Plea Seeking Permission to Participate in Assembly Session

The Supreme Court on Monday dismissed as withdrawn the plea filed by former Jharkhand Chief Minister Hemant Soren seeking permission to participate in the budget session of the state legislative assembly.

In its order, a bench headed by Justice Surya Kant noted that once the session of the Vidhan Sabha has already been concluded from February 24 and March 2, the prayer raised in the special leave petition has become infructuous.

However, the Bench, also comprising Justice KV Viswanathan, said that it would decide if a Chief Minister or an MLA in custody could be allowed to participate in the proceedings of the assembly.

“My Lords, the session of the assembly is over but the question of law may be kept open,” submitted senior advocate Kapil Sibal, appearing for Soren.

On February 28, the Jharkhand High Court had declined to grant permission to Soren to participate in the budget session of the Jharkhand legislative assembly.

It was contended before a bench of Justice SN Prasad of the High Court that since no charge sheet has been filed against Soren, the right to participate in the Budget Session cannot be taken away merely based on ECIR.

Earlier, the PMLA court in Ranchi had rejected Soren’s application seeking permission to participate in the state assembly’s budget session scheduled between February 24 and March 2.

Soren -- who presently remains in judicial custody -- was arrested by the Enforcement Directorate (ED) in connection with a money laundering case linked to an alleged land scam.