Jharkhand CM Hemant Soren dares ED to arrest him, know what is the procedure for arresting a chief minister

Jharkhand Chief Minister Hemant Soren Thursday skipped the summons issued by the Enforcement Directorate (ED) for questioning in connection with a money laundering case linked to alleged illegal mining.

However, reports suggest that CM Soren has sought three weeks from the central agency to appear before it. Addressing his party supporters near his residence, Soren said: “The ED has summoned me following a conspiracy. Come and arrest me if I have committed a crime instead of sending summons for questioning."

But can a sitting CM be arrested? And if yes, then what is the procedure for arresting a chief minister?

Under Section 135 of the Code of Civil Procedure (CrPc), chief minister, members of the Legislative Assembly and Legislative Council are exempted from arrest. However, this exemption is available only in civil cases, not in criminal cases.

Under this section, if any member of Parliament or Vidhan Sabha or Legislative Council is to be arrested or detained, then it is necessary to take approval from the speaker of the House. The section also says that no member can be arrested or detained for 40 days before, during and 40 days after the session.

A member of Parliament or a member of the Legislative Assembly/Council can be arrested or detained, but before giving information to the Speaker of the House.

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Under the Constitution, the President and the Governor of the states are exempted from arrest in civil as well as criminal cases. The President and the Governor cannot be arrested or detained while in office. He/she can be arrested only when either his/her term ends or he/she resigns from the post.

Soren was summoned by ED on Thursday for investigation over contravention of the Representation of the People Act, 1951 and in a money laundering probe linked to an illegal mining case in the Sahebganj district.