Asking Soren to approach the high court concerned, the top court also declined to set down a deadline for the Jharkhand high court to hear and decide his petition that seeks his arrest be declared unconstitutional.
"Why haven't you gone to the high court? Why have you come here directly? If we permit in one case for somebody to come here directly, we will have to permit everyone. After all, a high court is also a constitutional court," a bench led by justice Sanjiv Khanna asked the lawyers representing Soren.
Senior counsels Kapil Sibal and Abhishek Manu Singhvi, appearing for the JMM leader, pressed that the facts of the matter required the top court to step in.
"We are dealing with a chief minister who has been arrested in such a manner. Please, see the evidence. This is not fair," submitted Sibal, adding it was an appropriate case for the Supreme Court to exercise its discretion.
But the bench, which also comprised justices MM Sundresh and Bela M Trivedi, replied that all courts are open to everybody and that the high court is equally competent to grant the relief Soren wanted.
"There is an earlier order of this court by a bench of which my sister (justice Trivedi) was a part, asking you to go to the high court. Move the high court...
From your amendment application, it appears that he has been arrested... Move the high court because the issue is different now. You came here challenging the summons (by ED) but now you are challenging your arrest," it said.
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