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This is an archive article published on July 22, 2004

HC to hear Soren plea against warrant today

Union Coal and Mines Minister Shibu Soren today filed a plea in the Jharkhand High Court seeking to quash Sub Divisional Judicial Magistrate...

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Union Coal and Mines Minister Shibu Soren today filed a plea in the Jharkhand High Court seeking to quash Sub Divisional Judicial Magistrate (SDJM) A.K. Mishra’s order issuing a non-bailable arrest warrant against him. He also sought interim bail.

His counsel R.S. Majumdar has sought copies of the FIR, statements of the witnesses, case diary and chargesheet in connection with the case. Soren’s petition also seeks quashing of criminal proceedings on the ground that the state government has already decided to withdraw all cases relating to the movement for the creation of Jharkhand.

The petition states that no supplementary record as ordered by the court on July 6, 1986, was ever opened. Soren’s plea said no arrest warrant was issued vide an order dated June 5,1986 and therefore, was not even executed by the supplementary machinery.

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Further it alleges that no steps were taken either by the court or by the prosecution to ever intimate Soren about the status of the case. The case is likely to come up for hearing at the Jharkhand High Court tomorrow.

Meanwhile, the SDJM Mishra’s order doesn’t substantiate allegations levelled by the BJP-led Opposition that Soren was an ‘absconder’ as he was among the 10 accused who did not commit themselves to the trial at the Jamtara Additional District Sessions Court (ADSC).

Judge Mishra’s July 17 order says: ‘‘In the list of absconders of this court, none of the names of the 10 accused is mentioned.’’

In 1979, the police filed the chargesheet against all the 69 accused at SDJM’s court. On September 6, 1986, the ADSC took cognisance of the case and separated the file of the 10 accused including Soren who had not committed themselves to trial till date stating: ‘‘From the application filed by Soren’s counsel in 2003, it is clear that though he was aware about the case and he never appeared before the court. Hence, the warrant of arrest and attachment of property of these accused was ordered.’’

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Prior to this the SDJM’s court had cancelled the bail of of all those accused including Soren who had not appeared before it on June 5,1986 states the order: ‘‘On July 18, 1986, the counsel pleaded that Soren be given time to appear before the court since he had gone out. The court fixed the date for his production on September 1, 1986…But on this date also Shibu Soren didn’t appear.’’In the light of its July 18, 1986 order which was not issued by his office and in response to the plea made in this regard by the APP, SDJM Mishra ordered the warrant against Soren on July 17.

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