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Bombay HC Stays FIR Order Against Ex-SEBI Chief Madhabi Puri Buch & 5 Others In 1994 Stock Market Fraud Case

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Mumbai: In a major relief to the former SEBI chairperson and five others, the Bombay High Court on Tuesday stayed the special court’s order directing the registration of an FIR against them in connection with an alleged stock market fraud and regulatory violations dating back to 1994.

The court noted that the special judge had passed the order mechanically, without examining the details or attributing any specific role to the accused.

Observation Made By Justice Shivkumar Dige

“It appears that the learned judge (special ACB judge) has passed the order mechanically, without going into the details and without attributing any specific role to the applicants. Hence, the order is stayed till the next date,” Justice Shivkumar Dige ordered.

Bombay HC Stays The Order

The HC stayed the order while hearing petitions filed by Buch, three current whole-time SEBI directors — Ashwani Bhatia, Ananth Narayan G, and Kamlesh Chandra Varshney — and two BSE officials — Managing Director and Chief Executive Officer Ramamurthy, and its former chairman and public interest director, Pramod Agarwal.

On March 1, the special court had directed the Anti-Corruption Bureau to register an FIR against the six individuals.

They approached the HC on Monday, seeking to quash the special court’s order, contending that it was “unjust” and “harsh.” The officials argued that none of them held their current positions in 1994 and that the trial court ought to have recognized that “no vicarious liability can be fastened” on them.

Arguments Made By Solicitor General Of India

Solicitor General of India Tushar Mehta, appearing for the three whole-time SEBI directors, submitted that the complainant, Sapan Shrivastava, was a habitual litigant. He also pointed out that the high court had previously imposed a cost of Rs5 lakh on him for filing a frivolous petition.

Terming Shrivastava’s allegations vague, Mehta argued that no specific accusations had been leveled against the officials. He said the complainant sought a probe into an IPO from 1994, when the six officials were not holding any positions in SEBI or BSE.

“No averments, no explanations given — just a statement that SEBI has failed to discharge its duties. The complaint has been filed against officers who are in office now, for an alleged offense presumed to have taken place in 1994. How can they be held responsible?” Mehta questioned.

Arguments Made By Senior Advocate Amit Desai, Representing The Two BSE Officials

Senior advocate Amit Desai, representing the two BSE officials, said the complainant had made scandalous statements with serious ramifications for the economy, as vague allegations were being made against members of the principal capital market regulatory body.

Further, Desai argued that the special court judge had erred by not ensuring compliance with the Prevention of Corruption Act, which requires sanction for investigating public servants.

“Today’s economy largely survives on an inflow of funds. Taking this type of action (ordering the registration of an FIR) is an attack on the country’s economy. Such action against a market regulator — how frivolous can it get? Unfortunately, the judge did not realize the extent of the matter,” Desai submitted.

Moreover, Desai pointed out that the company in question had been delisted from the BSE in 2019, while the complaint was filed before the court in March 2024.

Senior advocate Sudeep Pasbola, appearing for Buch, also argued that action could not have been taken based on vague allegations made by the complainant.

The complainant, Shrivastava, sought time to file a reply to the petitions.

Justice Dige granted time for the reply and scheduled the matter for hearing after four weeks while staying the special court’s order.

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Calcutta HC allows NGO to distribute relief material in communal violence-hit Murshidabad

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Kolkata, April 17: A single-judge bench of the Calcutta High Court, on Thursday, permitted a non-government organisation (NGO) to visit the communal violence-hit Murshidabad and distribute relief material among the affected people.

While granting permission to the NGO christened ‘Khola Hawa (Open Air)’, which was earlier denied permission by the district administration, the single-judge bench of Justice Amrita Sinha observed that there was no rule that organisations other than government bodies would not have permission to distribute relief materials at any place.

She also observed that the existing law and order problem could not be an excuse for denying permission, since the Central Armed Police Forces (CAPF) were already posted in Murshidabad.

The NGO approached the bench of Justice Sinha after the Murshidabad district magistrate denied permission for its members to visit the troubled spots in the district to distribute relief there. Parts of Murshidabad district in West Bengal have been on the boil last week after protests over the Waqf (Amendment) Act turned violent.

In the petition, the NGO alleged that while the district administration was allowing different political parties to reach the troubled spots with relief materials, the permission to the organisation was deliberately denied.

The matter came up for hearing on Thursday afternoon. The counsel for the NGO argued that there was no reason for the district magistrate to deny the permission since the state Director General of Police had already claimed that the situation at Murshidabad was currently more or less normal. “The NGO members want to go there to distribute relief items like tarpaulin, food, and medicines to those affected,” the counsel of Khola Hawa argued.

Although the state government opposed the arguments, Justice Sinha finally accepted the argument of the counsel of Khola Hawa and permitted the NGO to visit the troubled spots and distribute relief items there.

However, she maintained that only three members of a relief team should visit any troubled spot at a time for the time being. At the same time, these three team members would have to inform the district magistrate at least 24 hours in advance about their visit. The visiting team members, as per the court order, should also not make any provocative statements during the process of relief distribution that might trigger tension in the area again.

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International

Extreme marine heatwaves tripled over past 80 years: Study

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London, April 17: The number of days each year that the world’s oceans experience extreme surface heat has tripled over the past 80 years due to global warming, a new study has found.

Researchers found that, on average, the global sea surface saw about 15 days of extreme heat annually in the 1940s, Xinhua news agency reported.

Today that figure has soared to nearly 50 days per year, revealed the study published in the journal Proceedings of the National Academy of Sciences.

Global warming is responsible for almost half of the occurrence of marine heatwaves — periods when sea surface temperatures rise well above normal for an extended time.

The study, produced by a team of scientists from the Mediterranean Institute for Advanced Studies, the University of Reading, the International Space Science Institute, and the University of the Balearic Islands, also found that rising global temperatures are making extreme ocean heat events last longer and become more intense.

“Marine heatwaves can devastate underwater ecosystems. Extended periods of unusually warm water can kill coral reefs, destroy kelp forests, and harm seagrass meadows,” said Xiangbo Feng, a co-author of the study at the National Centre for Atmospheric Science at the University of Reading.

The impacts of marine heat waves extend beyond the ocean. The researcher warns that increased marine heatwaves could, in return, cause our atmosphere less stable leading to more frequent and powerful tropical storms in some regions.

“As global temperatures continue to rise, marine heatwaves will become even more common and severe, putting increasing pressure on already stressed ocean ecosystems. These increased marine heatwaves could, in return, cause our atmosphere less stable leading to more frequent and powerful tropical storms in some regions,” Feng said

Noting that human activities are fundamentally changing oceans, the study called for urgent climate action to protect marine environments.

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Business

US tariff hikes no longer make economic sense: China

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Beijing, April 17: A Chinese foreign ministry spokesperson said on Thursday that the United States’ 245 per cent tariff on certain products from China no longer makes economic sense.

It the US continues to play the “tariff numbers game”, it will pay no attention to it, according to the spokesperson, Xinhua news agency reported.

The statement came in the wake of White House’s statement that China faces tariffs of up to 245 per cent due to its retaliatory action.

China now faces up to 245 per cent tariffs on imports to the US as a result of its retaliatory tariffs, according to the White House Fact sheet.

This came after Beijing ordered its airlines not to take any further deliveries of Boeing jets in response to the earlier US decision to impose 145 per cent tariffs on Chinese goods.

According to the White House, the US President is open to making a trade deal with China, but Beijing should make the first move.

“More than 75 countries have already reached out to discuss new trade deals. As a result, the individualised higher tariffs are currently paused amid these discussions, except for China, which retaliated,” it said.

The White House also accused Beijing of banning exports to the US of gallium, germanium, antimony, and other key high-tech materials with potential military applications.

There are no winners in a trade conflict and the tussle between China and the US raises the risk of economic and geopolitical fallout, a report by S&P Global Ratings said this week.

Home to sizable manufacturing activities, Asia-Pacific is highly dependent on exports to the U.S. and China for growth. At the same time, Asia-Pacific depends on the US mostly for security.

The region could find itself pushed to take sides or walk a delicate line between the two large economies, the report stated.

To counteract tariffs, Asia-Pacific governments are exploring the formation of regional trade blocs or bilateral trade agreements. These efforts could accelerate, expediting the need to relocate supply sources and production.

China’s economic growth is seeing rising downside risk amid rising trade tensions with the US as its export engine falters from weaker global demand. The country’s domestic growth engine remains subdued, given the lingering real estate crisis, which is dragging down confidence.

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