Hemant Soren’s Noncompliance with Summons: ED Files Case Against Him After Kejriwal, Establishes Example | Exclusive

Days after filing a case under section 174 of the Indian Penal Code (IPC) against Delhi Chief Minister (CM) Arvind Kejriwal for dishonouring summonses issued by the Enforcement Directorate (ED)—that is, for not obeying a court order to appear at a certain place in person or through an agent—the agency filed a similar case against Hemant Soren, the former chief minister of Jharkhand, for not complying with ten summonses.

The ED has sought guidance in this case via a special plea that it has submitted to a Ranchi court. Only News18 has had access to the application.

The directorate seems to be aiming to send a message to top politicians and their families, who take the “liberty” to label the summons “illegal” or “politically motivated” and opt not to comply, even though Soren was detained last month in Ranchi in connection with a land fraud.

The cases that the ED has filed fall under the IPC provisions for which the directorate has asked the court for guidance. The agency has taken this measure to make sure that, whether or not the “offenders” are apprehended, the criminal case against them is pursued. The ED’s ruling also portends further legal action of this kind against those who would elect “non-compliance” with baseless justifications. Senior ED officials said that ignoring summonses on “frivolous” reasons delays the investigation rather than aiding the accused.

It seems that ignoring summonses has gained popularity, particularly among politicians. Additionally, they declare in public that the summons is unlawful, illegitimate, or motivated. They may go to court and ask the judge for guidance if they want to contest the legal integrity or legitimacy of a summons. However, no one is entitled to refuse to comply with a summons issued by an executive directorate (ED),” said the senior ED official.

Ignorance: An Emerging Political Pattern?
The Enforcement Department (ED) has claimed in a special application submitted to the Prevention of Money Laundering Act (PMLA) court in Ranchi that Soren was called on seven separate times to testify before the ED officials about all assets he had purchased or owned over the course of the inquiry. But he decided to forego them, referring to them as “motivated.”

“From August to December of last year, he received seven summonses. He disregarded them, citing insignificant excuses and attempting to evade the investigation by claiming they were politically motivated,” the ED said in the application.

Soren gave the grounds to bypass the sub-judice case and the current petition.

Notably, Mahua Moitra, the MP for Trinamool Congress (TMC), was called by the Enforcement Department (ED) on February 19 to appear before them about a suspected breach of the Foreign Exchange Management Act (FEMA). In addition, Moitra declined the summons, claiming that she “did not violate” any FEMA regulations.

“Those who have been summoned cannot reply by arguing that it is unconstitutional, that they broke no laws, or that they did not conduct any crimes. That is what we are here to look into. They have the option to file a complaint in order to have the summons revoked or to get an order. According to law, the people who have been called in cannot legally determine whether or not they have committed a crime,” a senior officer said.