The court of the special judge in an order passed
on Saturday (1 Mar ’25) directed the ACB, Mumbai Region to file a FIR in the
matter, under the relevant provisions of the Indian Penal Code, Prevention of
Corruption Act, SEBI Act, and other applicable laws.
It said that the court
found the allegations disclosed a cognizable offense, necessitating an
investigation and there is prima facie evidence of regulatory lapses and
collusion, requiring a fair and impartial probe.
The court also pointed out that “The inaction by
the police and regulatory authorities amounts to dereliction of duty,
necessitating a court-monitored investigation.” The investigations will be monitored by the court, and status report
has to be submitted in 30 days. The other officials named in the complaint
include three wholetime members of SEBI and two officials of the BSE.
The allegations pertain to the fraudulent listing
of a company, Cals Refineries Ltd, on the stock exchange with the active
connivance of regulatory authorities, particularly SEBI. According to the complainant SEBI permitted the listing of the
accused company despite its failure to comply with essential regulatory norms,
including disclosure requirements and due diligence procedure.
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.
Though the
complainant had approached the police station and regulatory bodies on multiple
occasions no action was taken. Reacting
to the order, Securities and Exchange Board of India said in a release that
though the officials named in the complaint “were not holding their respective
positions at the relevant point of time, the court allowed the application
without issuing any notice or granting any opportunity to SEBI to place the
facts on record.” SEBI would be initiating appropriate legal steps to
challenge this order and remains committed to ensuring due regulatory
compliance in all matters, it said. It
added that the applicant was known to be a “frivolous and habitual litigant...
“The Honourable Court has allowed the application without issuing any notice or
granting any opportunity to BSE to place the facts on record.”
BSE is initiating necessary and appropriate legal
steps in this regard, the exchange said.