The Jharkhand High Court has provided relief to Chief Minister Hemant Soren by exempting him from the requirement of appearing personally before the MP/MLA Court in a case initiated by the Enforcement Directorate. The matter arose from an alleged land scam investigation conducted by the ED, under which Soren was summoned multiple times between August 2023 and January 2024. Despite ten summons, he appeared only twice. Following this limited compliance, the lower Special MP/MLA Court issued an order directing him to attend all hearings personally. In response, Soren challenged this order before the High Court, seeking exemption from appearing in person at each hearing while allowing the proceedings to continue through his legal counsel.
A bench of the High Court, led by Justice Anil Kumar Choudhary, considered the petition carefully. The Court noted that the alleged offence relates to non-compliance with summons under Section 174 of the Indian Penal Code. This section deals with disobedience to lawful summons by a public servant or other authorities, and is considered a minor offence, triable as a summons case and bailable, carrying a maximum punishment of one month. The Court observed that while the legal process must continue, requiring the Chief Minister to attend every hearing could interfere with the discharge of his official duties, which carry significant public responsibilities.
The High Court highlighted the need to balance the administration of justice with practical considerations arising from the petitioner’s position. It emphasised that the offence, being minor and bailable, does not necessitate continuous personal appearances when effective legal representation is available. The Court recognised the right of the authorities to pursue investigation and trial while also ensuring that a high-ranking public official is not unduly burdened with routine court appearances that could disrupt governance.
In its order, the High Court modified the lower court directive, stipulating that Hemant Soren must appear personally on one occasion before the MP/MLA Court on a date to be fixed by the trial court. Beyond this, he is allowed to be represented entirely through his counsel. The Court further clarified that the trial court retains discretion to call for his personal appearance or facilitate appearance via video link if the circumstances require it for specific purposes during the trial. This ensures that while the Chief Minister is exempted from routine attendance, the court retains the ability to request his presence when deemed necessary for the proper conduct of the proceedings.
This judgment underscores the High Court’s approach in balancing judicial process with practical realities. It ensures that investigations and trial proceedings continue without obstruction, while also acknowledging the responsibilities of a public official who holds significant constitutional and administrative duties. The ruling maintains the integrity of the legal process by allowing representation through counsel, while at the same time preventing undue disruption to governance. By providing structured exemption from personal appearances, the Court ensures that justice is delivered efficiently, without placing unnecessary strain on the Chief Minister or compromising the effectiveness of the investigation. The decision exemplifies judicial pragmatism in managing cases involving high-ranking officials, ensuring that minor offences are addressed while respecting the functional demands of public office.
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