Jharkhand HC Allows Hemant Soren Exemption From Personal Appearance in Minor Offence Case [Read Order]

Jharkhand: The Jharkhand High Court has modified a trial court order to allow Chief Minister Hemant Soren exemption from personal appearance in proceedings arising out of a summons case under Section 174 of the Indian Penal Code.

The Court noted that the offence involved is minor, and the petitioner’s official responsibilities justify permitting representation through counsel. The order came in a criminal miscellaneous petition seeking relief from the Special MP/MLA Court, Ranchi, which had declined exemption.

The matter was heard by Justice Anil Kumar Choudhary of the Jharkhand High Court.

According to the case record, the petition arose from an application filed by Hemant Soren under Section 205 of the Code of Criminal Procedure, seeking exemption from personal appearance in Complaint Case No. 3952 of 2024. The Special MP/MLA Court had rejected the application on 23 November 2024, prompting the petitioner to invoke the High Court’s jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The underlying offence, punishable under Section 174 IPC, carries a maximum sentence of one month and is categorised as a bailable summons case.

During the hearing, senior counsel appearing for the petitioner argued that compelling the Chief Minister to attend each date of hearing, despite the trivial nature of the alleged offence, amounted to a grave irregularity. He submitted that the trial court ought to have dispensed with personal appearance, particularly given the petitioner’s constitutional office and public duties. Counsel for the Enforcement Directorate raised no objection to granting exemption, except for the petitioner’s appearance on the first date for execution of bail bonds and on any future date where the trial court may find his presence indispensable.

The Court observed that the petitioner holds the office of Chief Minister and is burdened with pressing administrative responsibilities. It further noted that the alleged offence is minor and does not necessitate continuous personal attendance. Considering these factors, the Court held that the trial court’s refusal required modification. It recorded the petitioner’s willingness to appear on 6 December 2025 at 2:00 PM and directed that his presence on all subsequent dates be dispensed with, subject to representation by a duly instructed lawyer. The Court also clarified that the trial court is free to require personal appearance—physically or through video conferencing—if an unavoidable necessity arises during the proceedings.

Concluding the matter, the High Court disposed of the petition by modifying the lower court’s order and granting the exemption sought.

Appearance:
For the Petitioner: Mr. Arunabh Choudhary, Senior Advocate; Mr. Deepankar, Advocate
For the Enforcement Directorate: Mr. Amit Kumar Das, Advocate; Mr. Zoheb Hossain, Advocate; Mr. Varun Girdhar, Advocate; Mr. Manmohit Bhalla, Advocate

Case Title: Hemant Soren v. Directorate of Enforcement (Cr.M.P. No. 3316 of 2024)

[Read Order]