Delhi High Court: A PIL was filed by Shantanu Guha Ray (petitioner) a journalist seeking an order or direction to CBI (respondent 2) to register FIR based on the petitioner’s complaint regarding wrongful gains to the deviant brokers which are estimated to the tune of Rs. 50,000/- crores to Rs. 75,000/-. A division bench of Satish Chandra Sharma, CJ., and Subramonium Prasad, J., did not interfere in the matter in light of the status reports filed by the CBI.
The PIL was filed for the benefit of the public at large, aimed at upholding the integrity of the capital markets which form an integral and substantial part of the country’s economy. The Petitioner stated that he lodged a complaint on 01-08-2017, in the matter pertaining to issues at the National Stock Exchange (NSE) relating to the illegal appointment of Anand Subramanian as Chief Strategic Advisor (‘CSA’), his Re-designation as ‘Group Operating Officer’ and Advisor to MD, NSE and against Ms. Chitra Ramkrishna for sharing of internal confidential information of NSE with unknown persons. The petitioner was forced to file the present PIL as nothing was done in the matter.
The CBI filed various status reports in the matter, and the status report filed vide order dated 02-09-2022 provides all minute details in respect of the investigation which has been carried out. The status report reveals a charge sheet has been filed in the matter, a supplementary charge sheet also has been filed in the matter, and further investigation in the case is continuing regarding the other allegations with respect to the Officials of SEBI/ NSE.
The Court noted that the status report filed in the matter makes it very clear that the CBI has investigated the matter, charge sheets have been filed and it is nobody’s case that no action has been taken by the CBI. Thus, once the matter has been investigated, charge sheets have been filed, there appears to be no justification in monitoring the trial.
The Court did not interfere in the matter because the CBI, as a prosecuting agency, has made all possible attempts to investigate the matter and to ensure that the matter is brought to its logical conclusion.
[Shantanu Guha Ray v. Union of India, W.P.(CRL) 2114/2020 & CRL.M.A. Nos. 5389/2022, decided on 23.05.2023 ]
Advocates who appeared in this case :
Mr. Peeyoosh Kalra, Mr. Sudhindra Tripathi, Mr. Rohan J. Kapoor, Ms Nikita Anand, Mr. Yaswant Singh Baghel, Advs. with Petitioner in person;
Mr. Dev. P. Bhardwaj and Ms. Anubha Bhardwaj, Mr. Sachin Singh and Ms. Divyanshi Shrivastava, Advs. Mr. Anupam S. Sharrma, SPP, CBI with Mr. Prakarsh Airan, Ms. Harpreet Kalsi, Mr. Abhishek Batra and Mr. Ripudaman Sharma, Advs. DSP Pushal Paul, CBI.
