A bench of justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi said that they are not inclined to entertain the petition.
“We are not inclined to entertain the present petition,” adding that it left open to petitioner to approach the jurisdictional HC. The top court also said that it is open for the petitioner to urge the high court to expeditiously decide the case,” the court stated.
When the bench assembled early in the morning, the court asked the petitioner’s lawyer, “Why don’t you approach HC”?
Senior Advocate Kapil Sibal, appearing for Soren, submitted that the matter deals with a Chief Minister who has been arrested. The top court remarked courts are open to everybody and high courts are constitutional. If they allow one person then they have to allow everybody, the top court said.
Soren approached the Supreme Court against the ED’s action saying that the probe agency abused its powers and acted in a malafide manner to destabilise a democratically elected government in Jharkhand.
Soren, who has filed the petition through advocate Pragya Baghel, called his custody illegal, malafide and without jurisdiction.
He sought to have his arrest and consequent detention declared as unwarranted, arbitrary, illegal, and violative of the fundamental rights of the petitioner guaranteed and protected under Article 21 of the Constitution.