Regulations
SAT defers hearing in SEBI-Sahara case to 13th April

The Securities Appellate Tribunal (SAT) on Tuesday adjourned its hearing in the Securities and Board of India (SEBI) and Sahara case to 13th April.

 

In an order, the SAT said, hearing of the appeal filed by Sahara Group chief Subrata Roy would be taken up along with appeals filed by Sahara India Real Estate Corporation and Sahara Housing Investment Corporation, the two Sahara group companies and its three directors.
 

In all the appeals, Sahara has challenged the attachment order passed by SEBI on 13 February 2013. In a release, Srinivasan Ganesh, senior counsel for Sahara, said, “In these appeals, Sahara has challenged the attachment order passed by SEBI, inter-alia on the grounds that SEBI has no jurisdiction to pass such orders under the SEBI Act and that their documents of redemptions made to investors have been wrongly rejected as ‘not acceptable’ and that such orders of documents are in clear violation of the directions no7 contained in order dated 31 August 2012 passed by the Supreme Court.”
 

Officials from SEBI were not immediately available for comment.
 

The apex court had on 31st August last year directed the two companies to refund around Rs24,000 crore to their investors within three months with 15% interest per annum for raising the amount from its investors in violation of rules and regulations.
 

On 13th February, SEBI passed two separate orders, together running into 160 pages, directing attachment of properties and freezing of accounts.
  
It was after the Supreme Court said that the regulator was free to freeze the accounts and attach properties if Sahara firms were not complying with the apex court’s earlier orders of August 2012 towards refund of investors’ money totalling over Rs24,000 crore.
 

The assets ordered to be attached included those related to the group’s Aamby Valley resort town near Pune, real estate assets in Delhi, Mumbai and at other places across the country, shares, mutual funds and various other investments.
 

Passing the attachment orders, SEBI said that the two companies had raised Rs6,380 crore and Rs19,400 crore, respectively from bondholders and “various illegalities” were committed in raising of these funds.
 

With regard to Subrata Roy and three other directors, namely Vandana Bhargava, Ravi Shanker Dubey and Ashok Roy Choudhary, SEBI ordered freezing of all bank and demat accounts of these four persons, as also attachment of all moveable and immoveable properties in their name with immediate effect.
 

During its previous hearing on 23rd March at Mumbai, the SAT decided to hold final hearing on 26th March at New Delhi. It, however, decided to take up the matter again on 13th April along with all related petitions.

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COMMENTS

Vaibhav Dhoka

4 years ago

SEBI's action are from Supreme courts order,Does SAT have Locus to hear appeal?It is common mans doubt.

TS Rao

4 years ago

Is it to give time to Sahara so they could subvert the process?

Nifty, Sensex will make an attempt to rally soon: Tuesday Closing Report

For Nifty to rally, it should hold above today’s low of 5,612 and close above 5,665



The Indian market managed to snap its seven-day losing streak and settle marginally higher on support from consumer durables and fast moving consumer goods sectors. For Nifty to rally, it should hold above today’s low of 5,612 and close above 5,665. The National Stock Exchange (NSE) recorded a turnover of 56.16 crore shares and advance-decline ratio of 667:881. 
 
The Bombay Stock Exchange, the National Stock Exchange, forex, futures and wholesale commodity markets will remain closed tomorrow for the festival of Holi.
 
The market opened in the negative as investors across the globe pondered over the Cyprus bailout deal. Domestic political rumblings at the Centre also weighed on the sentiments. On the global front, markets in Asia were mixed in morning trade with China, Hong Kong and Japan trading in the negative. US markets pared their gains and settled lower in overnight trade on concerns from Cyprus.
 
The Nifty opened 20 points lower at 5,614 and the Sensex started off at 18,645, down 36 points from its previous close. Profit taking pushed the benchmarks to their lows in initial trade with the Nifty going down to 5,612 and the Sensex retracting to 18,612.
 
The market witnessed choppy trade with the indices fluctuating between the red and green in morning trade in view of the expiry of the March F&O derivatives contract, which will take place on Thursday.
 
The benchmarks picked up momentum in noon trade on buying support from fast moving consumer goods and pharma stocks. The gains helped the market hit its intraday high at round 1.30pm. At this point the Nifty touched 5,655 and the Sensex rose to 18,759.
 
The see-saw movement of the market continued in late trade in the holiday-marked week. The benchmarks managed to close with minor gains, snapping the seven-day losing streak. The Nifty added eight points (0.14%) to 5,642 and the Sensex rose 23 points (0.12%) to settle at 18,705.
 
The broader indices witnessed a mixed close as the BSE Mid-cap index fell 0.11% and the BSE Small-cap index rose 0.04%.
 
The top sectoral gainers were BSE Consumer Durables (up 1.59%); BSE Fast Moving Consumer Goods (up 1.13%); BSE TECk (up 0.66%); BSE IT (up 0.45%) and BSE Auto (up 0.35%). The main losers were BSE Oil & Gas (down 2.06%); BSE Realty (down 1.95%); BSE Capital Goods (down 1.85%); BSE Power (down 1.05%) and BSE Metal (down 0.41%).
 
Fifteen of the 30 stocks on the Sensex closed in the positive. The major gainers were Bharti Airtel (up 2.98%); HDFC (up 2.17%); Hindustan Unilever (up 2.15%); Tata Motors (up 1.72%) and ITC (up 1.34%). The losers were led by Reliance Industries (down 3.25%); GAIL India (down 3.20%); Tata Steel (down 2.72%); Hero MotoCorp (down 2.69%) and Larsen & Toubro (down 2.24%).
 
The top two A Group gainers on the BSE were—ING Vysya Bank (up 4.85%) and AstraZeneca Pharma India (up 3.38%),
The top two A Group losers on the BSE were—Reliance Infrastructure (down 5.83%) and IFCI (down 5.09%),
 
The top two B Group gainers on the BSE were—Salora International (up 20%) and Shardul Securities (up 20%).
The top two B Group losers on the BSE were—SAL Steel (down 16.67%) and Advik Laboratories (down 15.33%).
 
Of the 50 stocks on the Nifty, 24 ended in the green. The key gainers were Bharti Airtel (up 3.08%); HUL (up 2.50%); Ranbaxy Laboratories (up 2.33%); Coal India (up 1.68%) and Tata Motors (up 1.55%). The chief losers were Reliance Infrastructure (down 5.69%); Siemens (down 5.65%); RIL (down 3.37%); Hero MotoCorp (down 2.95%) and GAIL India (down 2.88%).
 
Markets across Asia settled mostly higher after factoring concerns about the Cyprus bailout plan. The Chinese market, however, settled lower on reports that Chinese banks have started reducing their exposure in the real estate sector.
 
The Hang Seng rose 0.27%; the Jakarta Composite surged 1.35%; the KLSE Composite gained 0.54%; the Straits Times climbed 0.645; the Seoul Composite advanced 0.30% and the Taiwan Weighted settled flat with a positive bias. Among the losers, the Shanghai Composite dropped 1.25% and the Nikkei 225 fell 0.60%.
 
At the time of writing, the key European markets were up between 0.07% and 0.65% and the US stock futures were in the positive.
 
Back home, foreign institutional investors were net buyers of stocks amounting to Rs717.89 crore on Monday. On the other hand, domestic institutional investors were net sellers of equities totalling Rs425.61 crore.
 
Educomp Solutions, India’s largest education company, today announced that it has completed the sale of its entire 50% stake in Eurokids International to a group of investors led by GPE India. The company said it made a profit of Rs70 crore on this investment, and that the proceeds would be ploughed back into its core businesses. Educomp declined 3.42% to close at Rs62.15 on the NSE.
 
Suzlon Group has successfully completed the $647-million bond issue through its wholly owned subsidiary AE Rotor Holding (AERH). The US dollar-denominated bonds, with 4.97% coupon have been provisionally rated at ‘Baa2’ by Moody’s and will be listed on the Singapore Stock Exchange (SGX). Suzlon Energy settled flat at Rs13.50 on the NSE.
 
 
Tata Motors will undertake an 11-day shutdown to carry out maintenance of equipments at its Jamshedpur plant from 27th March, a senior company official said today. The shutdown was needed as it is not possible to carry out maintenance of equipments, especially, in the paint house during the day to day operations. The stock declined 1.61% to close at Rs153.60 on the NSE.

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Activist urges Maharashtra governor to ignore pardon request for Sanjay Dutt

Advocate and former bureaucrat Abha Singh requested Maharashtra governor K Sankaranarayanan to ignore the pardon request made by Justice Katju for the Bollywood star

Advocate and former bureaucrat Abha Singh has moved the Maharashtra governor K Sankaranarayanan to ignore the pardon request made for Bollywood star and convict Sanjay Dutt by justice Markandey Katju, chairman of the Press Council of India (PCI).

 

In a letter she said, “Since any action on that letter would appear to the people as if it was being done after getting impressed by the statutory authority of justice Katju as chairman of PCI, even though this may be his personal opinion.”

 

Last week, the Supreme Court upheld conviction of Sanjay Dutt under the Arms Act in the 1993 Mumbai serial blasts case. The apex court had said, the circumstances and nature of offence (of Dutt) was so serious that he cannot be released on probation. “... (the) evidence and materials perused by the Terrorist and Disruptive Activities (Prevention) Act (TADA) court in arriving at the decision against Dutt was correct,” the Supreme Court said.

 

Earlier, justice Katju, in his letter had asked governor Sankaranarayanan to consider a pardon for Dutt citing number of reasons like the Bollywood star was not a terrorist and that his parents had done a lot of social work.

 

Actor-turned-politician Jaya Prada, Congress leader Digvijaya Singh, actor Rajinikanth and even West Bengal chief minister Mamata Banerjee are demanding that Dutt be pardoned.

 

Here is the letter Abha Singh sent to the governor...

                                                                                                                                                   26 March, 2013

 

To

The Hon'ble Governor

Maharashtra State

Mumbai

 

SUB: Not to Assign Cognisance to the Request Made by Press Council of India Chairman to Pardon Sanjay Dutt. 

 

Sir,      

            It has been widely reported that the Chairman, Press Council of India, Shri Markandey Katju, has written to you to pardon Sanjay Dutt, who has been convicted by the Supreme Court for 5 years imprisonment for having taken AK-56 rifle and hand grenades through the now Pakistan-based terrorist, Anees Ibrahim, the brother of global terrorist and international drug trafficker, Dawood Ibrahim, and from the dreaded terrorists Abu Salem, Mohammad Dossa. A copy of this letter, as appearing in his blog, is annexed.

2. It is submitted that this letter has been written by Shri Katju, while being in the position of the Chairman, Press Council of India, which exudes an eloquent colour of his statutory authority. This authority stems from the powers accorded to him under the Press Council Act, 1978, and Rules made there under.

3. It is also seen that Chairman, Press Council of India is a very powerful post and he in that capacity has to adjudicate on complaints of many government officers and political entities with reference to critical articles against them. Therefore, it would be very difficult for any government to undermine his recommendations on any issue, even though it may be his private issue in contrast with his statutory view.

3. That being so, there is a perception among the people, that the government of Maharashtra is being swayed by the colour of statutory authority of the Chairman, Press Council of India, irrespective of the fact that it may be so or not so.

4. It is a settled principle of law and it is that—justice should not only be done but seen to be done. Thus, if any decision is taken to interfere with the judgment of the Supreme Court and accord a pardon, the public shall harbour an apprehension, that the same has been done after getting influenced by the colour of the strong statutory authority of the Chairman of the Press Council of India.

5.Under such circumstances, this is to request you to not to assign any cognisance to the letter under reference, and the same may be filed.

  

                                                                     Yours faithfully,

 

                                                                                            (Abha Singh)

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COMMENTS

Vaibhav Dhoka

4 years ago

Appeal for Sanjay Dutta is post judgement.Our other hero Salman Khan is facing trial in two courts one in Mumbai-Hit and run case and second in Jodhpur Cinkara case.Seeing at SDs appeal it is best to declare Salman Khan free from trial which will save lot on judiciary in terms of time and money.,as after judgement these very people will go to both Governors to pardon him as he too is CELEBRITY.A shameful act by wealthy.

SANJAY SINVHAL

4 years ago

In our movies, The hero goes to jail after killing the Villain & his goons. When he is released post completion of his time in jail, he is welcomed by his family & public as True Hero. Why our Filmi heroes are so weak in real life than in reel life??

rajeshpai

4 years ago

In India anything can happen if you have connections.

Why are people at high places trying to interfere in the administration of justice?
Would they dare go before the Honorable judge and try to influence him in letting go Sanjay Dutt. The Honorable Judge has awarded punishment after fully satisfying himself that Sanjay Dutt needs to be punished.

It is getting to be ridiculous that some are arguing that his parents have done social service, Sanjay Dutt has now become reformed etc etc.
All of them will have to remember that they need to respect the law of the land.On the day the law was breached, SD was a criminal.Why bring extraneous factors today??

Just because he is a high profile criminal and hundreds of crores of rupees are supposedly at risk in the Hindi film industry is irrelevant.

He has to eat the fruits of his criminal past.

If taking the same type of argument further, suppose there is a GOD man who had been pious for 25 years.One fine day or night he rapes a disciple and is hauled up.Can he be asked to be let go because he was serving humanity for 25 years and he was very good till then.Crazy logic to support Sanjay Dutt.

Let him serve his period in jail and be a model prisoner and come out a reformed one.

There is no need for the Governor to pardon him just because he is a rich man with connections at high places and that our so called society people are feeling sorry for the great actor.
Let there be equality of law irrespective of caste or creed or class.

MK Gupta

4 years ago

If this action is taken in favour of all similarly accused persons/similarly convicted persons in similar incidents of treason and mass murders, etc., then the particular person may be granted the pardon.

Vaibhav Dhoka

4 years ago

Pardon request shows that we have become most SHAMELESS country.The best is dissolve judiciary and let everyone have free hand.

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