Jharkhand CM resigns, arrested by ED in land ‘scam’ case
Introduction
Hemant Soren, the chief minister of Jharkhand, unexpectedly traveled to Delhi on January 29 in response to a new summons from the Enforcement Directorate (ED) requesting his involvement in an ongoing money laundering inquiry. Under the Prevention of Money Laundering Act (PMLA), the ED had earlier recorded the chief minister's statement on January 20 at his official residence. The fact that a new summons was issued implies that the interrogation was not finished that day.
The agency claims that the probe is focused on a "huge racket of illegal changes of ownership of land by the mafia" in Jharkhand. The director of the state's Social Welfare Department and deputy commissioner of Ranchi, Chhavi Ranjan, an IAS officer from the 2011 batch, is among the 14 people the ED has previously detained in relation to this case.
Timelines of the Case
- On Monday, January 29, around seven in the morning, a team from the Enforcement Directorate showed up at the Delhi home of Jharkhand Chief Minister Hemant Soren in relation to a money laundering case involving a purported land scam. But Soren was nowhere to be found at his residence. The Jharkhand chief minister departed his Delhi house at midnight. The staff at his residence was unaware of his whereabouts.
- The agency made an effort to find out where Soren was at the moment. According to sources within the probe agency, he went "missing" after they were unable to locate him.
- The Enforcement Directorate recorded the staff members' comments while they were visiting Soren's home in Delhi. Nevertheless, the Chief Minister's statement could not be recorded because he was not present. Significantly, Soren was previously requested to attend the ED on January 29 or January 31.
- To question him, ED agents set up shop at his South Delhi home for nearly thirteen hours. Soren has been called in by the ED eleven times, but he has ignored them all but one, when he consented to be questioned in Ranchi. He would be available for questioning on January 31, according to Jharkhand Chief Minister's Office officials, who made this announcement in response to Monday's events.
- During searches at Soren's Delhi home late on Monday, the investigation team found two BMW vehicles, a few "incriminating" documents, and Rs 36 lakh in cash.
- Following hours of conjecture, Soren eventually made an appearance in Ranchi on Tuesday. As his cavalcade pulled into his Ranchi residence, Soren was seen waving to the journalists and grinning from his official vehicle.
- In the meantime, the ED office in Ranchi and Raj Bhavan, Soren's official residence, are both 100 metres apart from Section 144 of the Code of Criminal Procedure.
- Hemant Soren lodged a complaint on January 31 {Wednesday} with the ST/SC police station in Ranchi, alleging that several unidentified ED personnel, including Kapil Raj, Deovrat Jha, Anupam Kumar, and Aman Patel, had broken the atrocities law.
- Section 3 (1) (p), (r), (s), and (u) of the SC/ST atrocities statute, which carries a minimum jail sentence of six months and a maximum of five years upon conviction, is the basis for Soren's filed complaint, which was received on Wednesday.
- Hemant Soren was detained by the Enforcement Directorate on January 31st, shortly after his resignation as the Chief Minister of Jharkhand. After being questioned by ED investigators for more than seven hours at his official Ranchi residence, he resigned and was subsequently arrested.
- Hemant Soren, the chief minister of Jharkhand, was taken into prison on Wednesday by the Enforcement Directorate in connection with a money laundering case related to an alleged land fraud, making him the third state chief minister to be arrested. Madhu Koda and his father Shibu Soren were taken into custody prior to Hemant Soren.
- Champai Soren has been elected as the new Chief Minister of Jharkhand. Jharkhand Mukti Morcha (JMM), chosen him as a CM. The decision was made in the midst of conjecture and came right after the governor of Jharkhand accepted Hemant Soren's resignation. Champai Soren spoke with the state governor right away, claiming that 47 MLAs supported him in forming a new administration.
About Money Laundering
Money laundering is the process of hiding or masking the source of proceeds earned unlawfully so they seem to have come from authorized sources. It typically occurs in conjunction with other, far more dangerous crimes including extortion, robbery, and drug trafficking.
It is mainly the act of concealing the source of funds acquired through illicit means and transforming them into a lawful source in order to evade legal action, conviction, and the seizure of the illicit assets is known as money laundering. The exchange of black money for white money is prohibited.
Laws to Prevent Money Laundering in India
- The Criminal Law Amendment Ordinance (XXXVIII of 1944):- It does not cover all offenses under the Indian Penal Code; rather, it only covers the proceeds of specific crimes including corruption, betrayal of trust, and cheating.
- The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976:- It addresses the penalties for smugglers' and foreign exchange manipulators' unlawfully obtained property as well as any related or incidental problems.
- Narcotic Drugs and Psychotropic Substances Act, 1985:- It provides for the penalty of property derived from, or used in illegal traffic in narcotic drugs.
- Prevention of Money-Laundering Act, 2002 (PMLA):- It is the cornerstone of the legal system India has established to fight money laundering. All financial institutions, mutual funds, banks (including the RBI), insurance firms, and their financial intermediaries are subject to the terms of this act.
- PMLA (Amendment) Act, 2012:- Adds the concept of a'reporting entity', which could be a bank, financial institution, middleman, and so on. The PMLA of 2002 imposed a fine of up to Rs 5 lakh, but the amending act eliminated this upper limit.It allows for the provisional attachment and confiscation of the property of anyone engaging in such acts.
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