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BUSINESS EYE                                                        JANUARY 12, 2024       |  The Indian Eye 30



                                                      YEAR-END REVIEW 2023


           Adani says the group is vindicated after



          top court declines plea for special probe






         The verdict a blow to the allegations made by US-based firm Hindenburg Research against the
                            Adani group of companies regarding violations of the stock market




        OUR BUREAU
        Mumbai
            n a relief to the Adani group of companies,
            the Supreme Court on Wednesday declined
        Ito transfer the probe from Securities and Ex-
        change Board of India (SEBI) to a Special Inves-
        tigation Team (SIT) or CBI into the Adani-Hin-
        denburg  issue over  allegations  of  stock  price
        manipulation by the Indian corporate giant.
            A bench of Chief Justice of India DY Chand-
        rachud, PS Pardiwala and Manoj Misra said the
        scope of power of the apex court to enter into the
        regulatory domain of SEBI is limited. It said the
        scope of judicial review is only to see whether any
        fundamental right has been violated. The SC said
        the facts of the case do not warrant the transfer of
        the probe to the SIT or other agency. The SC also
        said there was no material to doubt the investiga-
        tion carried out by the SEBI.
            The verdict of the top court came on a batch
        of petitions seeking a court-monitored investiga-
        tion or CBI probe into the allegations made by
        US-based firm Hindenburg Research against the
        Adani group of companies regarding violations of
        the stock market.                             Senior lawyer Mukul Rohtagi addresses the media regarding the Adani-Hindenburg case verdict outside the Supreme Court in
            The bench said there has been no regulatory                        New Delhi on Wednesday (ANI Photo/Sanjay Sharma)
        failure by SEBI and the market regulator cannot
        be expected to carry on its functions based on   The Adani Group has dismissed the charges   ry regulator to take as a “gospel truth” something
        press reports though such reports can act as inputs
        for SEBI. The top court asked SEBI to complete   as lies, saying it complies with all laws and disclo-  which was published in the media.
                                                                                                      Advocate Prashant Bhushan, appearing for
                                                      sure requirements.
        within three months its probe into two cases pend-  Various petitions were filed alleging that chang-  one of the petitioners, had told the apex court that
        ing out of 24 cases.                          es to the Securities and Exchange Board of India   there were many factual revelations in the Hinden-
            Adani Group Chairman Gautam Adani on
        Wednesday welcomed the ruling of the Supreme   Act (SEBI) had provided a shield and an excuse   burg report.
                                                      for the Adani Group’s regulatory contraventions
                                                                                                      After the Supreme Court declined to trans-
        Court declining to transfer the probe into the
        Adani-Hindenburg matter from market regulator   and market manipulations to remain undetected.  fer the probe from the Securities and Exchange
                                                                                                   Board of India (SEBI) to a Special Investigation
                                                         The apex court then asked SEBI to inde-
        SEBI to a SIT (Special Investigation Team) or the CBI.  pendently probe the matter and also constituted an   Team (SIT) or CBI into the Adani-Hindenburg
            Adani tweeted saying that the judgement
        shows that truth has prevailed and said he was   expert committee headed by retired Supreme Court   issue, senior Congress leader Jairam Ramesh on
        grateful to those who stood by the Adani Group.   judge Justice AM Sapre to look into the matter.  Wednesday said that the judgement is “extraordi-
                                                         In May last year, the expert committee in its
        “Satyameva Jayate. I am grateful to those who   report had found no prima facie lapse on the part   narily generous”.
                                                                                                      “The Supreme Court judgment today on cer-
        stood by us,” he posted on X. “Our humble con-
        tribution to India’s growth story will continue,” the   of the SEBI in the matter.         tain matters relating to transactions by the Adani
                                                         While reserving the verdict, the Supreme
                                                                                                   Group  has proven  extraordinarily  generous  to
        X post added.                                 Court had said it has no reason to “discredit”  SEBI, not least by extending its original investiga-
            The case is related to the allegations (part of a
        report by short-seller Hindenberg Research) that   SEBI, which probed allegations against the Adani   tion deadline of 14 August 2023 by another three
        Adani had inflated its share prices. After these al-  group, as there was no material before it to doubt   months to 3 April, 2024,” Jairam Ramesh said in
                                                                                                   a statement.
                                                      what the market regulator has done and the court
        legations were published, it led to a sharp fall in   does not have to treat what was set out in the Hin-  The Congress General Secretary said that the
        the share value of various Adani companies, re-  denburg report as a “true state of affairs”.  SEBI has failed to complete its investigation even
        portedly to the tune of USD 100 billion.
                                                         It had observed that it cannot ask a statuto-  10 months after the top expert committee asked it.
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