Bombay
High Court has agreed to grant urgent hearing on March 4 to Securities and
Exchange Board of India (Sebi), Bombay Stock Exchange's (BSE's) plea against
FIR order in 1994 Cals Refineries stock listing fraud case, according to media
reports. Former Sebi chairperson Madhabi Puri Buch, as well as three
of its current whole-time directors—Ashwani Bhatia, Ananth Narayan G, and
Kamlesh Chandra Varshney and two senior individuals at the BSE, Pramod Agarwal
and Sundararaman Ramamurthy have moved the Bombay High Court, seeking to
quash a special Anti-Corruption Bureau (ACB) court's order directing the
police to register a first information report against them for fraudulent stock
listing in 1994. According to Bar and Bench, the matter was mentioned
before Justice SG Dige on Monday. Solicitor General Tushar Mehta appeared for
Sebi officials, while Senior Advocate Amit Desai represented BSE
officials. The order from ACB of Worli in Mumbai
came just two days after Buch completed her tenure as Sebi chief. In a detailed
order dated March 1, special ACB court judge Shashikant Eknathrao Bangar
observed, “The allegations disclose a cognisable offense, necessitating an
investigation. There is prima facie evidence of regulatory lapses and
collusion, requiring a fair and impartial probe. The inaction by law
enforcement and Sebi necessitates judicial intervention under Section 156(3)
CrPC.”
1994
Cals Refineries stock listing fraud case
The
complaint against former chief of Sebi, its three whole time directors and BSE officials
in this case was filed by Sapan Shrivastava, 47, a legal reporter from
Dombivali in Maharashtra’s Thane district.
The
complainant seeking an FIR registration, asked for an investigation into
alleged large-scale financial fraud, regulatory violations, and corruption.
The
charges relate to the alleged fraudulent listing of Cals Refineries Ltd on the
stock exchange in 1994, reportedly with the involvement of regulatory
authorities, particularly Sebi, without adhering to the compliance requirements
under the Sebi Act, 1992. The complainant argued that Sebi officials neglected
their statutory duty, facilitated market manipulation, and enabled corporate
fraud by permitting the listing of a company that did not meet the prescribed
norms.