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Long-standing Securities and Exchange Board of India (Sebi) Investigation Report Delay: Examining the Cause

Stock exchange listing of Cals Refineries Ltd was ordered following a complaint by journalist Sapan Shrivastava, who accused someone of allowing a fraudulent firm to be listed.

Longstanding Securities and Exchange Board of India (Sebi) Investigation Facing Delay Examination:...
Longstanding Securities and Exchange Board of India (Sebi) Investigation Facing Delay Examination: Rationale Behind Protracted Timeline

Long-standing Securities and Exchange Board of India (Sebi) Investigation Report Delay: Examining the Cause

In a surprising turn of events, the Mumbai anti-corruption court has ordered the Anti-Corruption Bureau (ACB) to register a First Information Report (FIR) against prominent figures in the financial industry. The investigation is aimed at addressing a gross miscarriage of justice that allegedly occurred three decades ago.

The FIR is related to the failure of the Securities Exchange Board of India (Sebi), the market regulator, to stop a fraudulent company, Cals Refineries Ltd, from being listed. The complaint accuses top officials of Sebi and BSE, including Madhabi Puri Buch, the former Securities Exchange Board of India chairperson, Pramod Agarwal, Bombay Stock Exchange chairman, and Sundararaman Ramamurthy, BSE CEO, of conniving with fraudsters and holding them responsible for the loss.

The registration of the FIR without a preliminary enquiry is unusual, given the guidelines issued in the Lalita Kumari vs. Government of Uttar Pradesh (W.P.(Crl) No. 68/2008) case. However, the direction to register an FIR was based on a complaint filed by a journalist, Sapan Shrivastava, who claims to have suffered huge monetary losses due to the investment in Cals Refineries Ltd.

Cals Refineries Ltd was listed on the Bombay Stock Exchange (BSE) in 1994, and the listing enabled Srivastava and his family to invest in the fraudulent company on December 13, 1994. The alleged fraudulent company was suspended from trading in 2017.

The anti-corruption court agreed with the complainant's argument and directed the ACB to register an FIR to initiate an investigation. The stay by the Bombay high court does not prevent further investigation or legal proceedings from taking place.

It's worth noting that Madhabi Puri Buch took charge of Sebi in March 2022, nearly five years after the company ceased trading on the exchange. The government leader in office at the time of the registration of the FIR against Madhabi Puri Buch by the Anti-Corruption Bureau in Mumbai was the Chief Minister of Maharashtra; however, the specific name of the Chief Minister is not explicitly mentioned in the search results provided.

The investigation is expected to shed light on the alleged failure of Sebi and BSE to prevent the listing and trading of a fraudulent company, potentially leading to significant consequences for those involved. The stay by the Bombay high court does not halt the ongoing investigation, and further developments are expected in the coming months.

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