The Enforcement Directorate has arrested former Jharkhand CM and Jharkhand Mukti Morcha President Hemant Soren in the land scam case. ED had sent summons to Hemant Soren for 10 years and interrogated him twice. On Wednesday, ED arrested the former CM because he was dissatisfied with the answers given during the interrogation. However, before his arrest he resigned from the post of CM. In his place, Champai Soren has been elected the leader of Jharkhand Mukti Morcha Legislative Party and he has met the Governor and staked claim to form a new government.
Before the arrest of former CM Hemant Soren in the corruption case, former Bihar Chief Minister Lalu Prasad and former Tamil Nadu Chief Minister Jayalalitha were arrested in the fodder scam case. Former Haryana CM Omprakash Chautala has also been punished in a corruption case.
Let us tell you that in the year 1997, when Lalu Yadav was arrested in the fodder scam case, he had resigned from the post of CM. In March 1996, Patna High Court had recommended the investigation of fodder loss by CBI. CBI filed the first charge sheet in June 1997. And after that Lalu Prasad resigned and his wife Rabri Devi became CM.
Jayalalitha had resigned after being convicted
Similarly, former Tamil Nadu CM Jayalalitha was convicted by a Bengaluru court in the year 2015 in a case of disproportionate assets. She became CM in the year 2011. When this was repeated, he resigned from the post of CM. Overall, even if arrest is made, the CM is not bound to resign. Membership is lost only if convicted for two or more years.
Let us inform that on May 27, 2022, former Haryana CM Omprakash Chautala was sentenced to four years in jail by the CBI court in a 16-year-old disproportionate assets case. Delhi CBI court had also imposed a fine of Rs 50 lakh on him.
Know what are the rules for arrest of CM or former CM
However, the Enforcement Directorate has the right to arrest anyone in a money laundering case. According to Article 361 of the Constitution, only the President and the Governor of the country are exempted from arrest. This exemption is available in both criminal and civil cases involving the President and the Governor.
This means that the President or the Governor can neither be arrested nor detained while in office. No court can issue any order against him, however, after leaving the post, he can be arrested or detained.
Exemption from arrest only in civil cases
But under the law, the Prime Minister, Chief Minister, Minister or MP or MLA is exempted from arrest in civil cases, but they do not get this exemption in criminal cases. But before the arrest of an Assembly member or the Chief Minister, it is necessary to take approval from the Assembly Speaker. No one can be arrested or detained 40 days before the session or 40 days after the session.
