NEW DELHI, Mar 2: The Securities and Exchange Board of India (SEBI) on Sunday said it would challenge the special court order directing the Anti-Corruption Bureau (ACB) to file an FIR against the former SEBI chairperson Madhabi Puri Buch and other officials in connection with alleged stock market fraud.
It contended that the court was acting on a “frivolous” plea and had not given the board a chance to put forth its view. In a statement issued on Sunday, the capital market regulator said a miscellaneous application was filed before the ACB Court, Mumbai against the former chairperson, three current Whole Time Members of SEBI and two officials of the Bombay Stock Exchange (BSE). It dismissed the allegations and vowed to take appropriate legal steps to challenge the order.
“The applicant is known to be a frivolous and habitual litigant, with previous applications being dismissed by the Court, with imposition of costs in some cases. SEBI would be initiating appropriate legal steps to challenge this order and remains committed to ensuring due regulatory compliance in all matters,” the statement said.
A special Mumbai court on Saturday had directed the ACB to register an FIR against the former SEBI chairperson in connection with alleged stock market fraud and regulatory violations. “There is prima facie evidence of regulatory lapses and collusion, requiring a fair and impartial probe,” the special ACB court judge, Shashikant Eknathrao Bangar, said in the order.
“There is prima facie evidence of regulatory lapses and collusion, requiring a fair and impartial probe,” the special ACB court judge said. The court said it would monitor the probe, and sought a status report (of the case) within 30 days. The court order also noted that the allegations disclose a cognisable offence, necessitating an investigation. The inaction by law enforcement (agencies) and the SEBI necessitates judicial intervention under the provisions of the Criminal Procedure Code (CrPC), it added.
The complainant, a media reporter, had sought an investigation into the alleged offences committed by the proposed accused, involving large-scale financial fraud, regulatory violations and corruption. The allegations pertain to the fraudulent listing of a company on the stock exchange with the active connivance of regulatory authorities, particularly the SEBI without compliance under the SEBI Act, 1992, and rules and regulations thereunder.
The complainant claimed that the SEBI officials failed in their statutory duty, facilitated market manipulation, and enabled corporate fraud by allowing the listing of a company that did not meet the prescribed norms. Despite approaching the police station and regulatory bodies concerned on multiple occasions, no action has been taken by them, the complainant said. The court, after considering the material on record, directed the ACB Worli, Mumbai Region, to register an FIR under relevant provisions of the IPC, Prevention of Corruption Act, SEBI Act, and other applicable laws.
India’s first woman Sebi chief Buch, who faced conflict of interest allegations by the U.S.-based short-seller Hindenburg and also political heat thereafter, completed her three-year tenure on Friday.
Although, Ms Buch in her tenure made significant strides in areas like faster settlements in equities, enhanced FPI disclosures and increasing mutual fund penetration through ₹250 SIP, the last year of her tenure saw heightened controversy, when she battled a series of allegations by Hindenburg and the Congress party, while simultaneously dealing with in-house employee protests against “toxic work culture.”
In August last year, Ms Buch faced pressure to resign after the Hindenburg Research accused her of having conflict of interest that prevented a thorough examination of manipulation and fraud claims at the Adani Group. Hindenburg accused Madhabi Puri Buch and her husband Dhaval Buch of investing in offshore entities that were allegedly part of a fund structure in which Vinod Adani — the elder brother of Adani group founder chairman Gautam Adani — also had investments.
Ms Buchs have denied the allegation, saying the investments were made before she joined the regulator and she had complied with all disclosure requirements. Hindenburg recently announced shutting down its business.
(Manas Dasgupta)
