Investigate whether the losses incurred by Indian investors due to short selling in Adani shares by Hindenburg and others violated any laws: Supreme Court

Investigate whether the losses incurred by Indian investors due to short selling in Adani shares by Hindenburg and others violated any laws: Supreme Court

Case: Vishal Tiwari v. Union of India

Coram: Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra

Case No.: W.P.(C) No. 162/2023

Court Observation: “The SEBI, and the investigative agencies of the Union government, shall probe into whether the loss suffered by Indian investors due to the conduct of the Hindenburg research and any other entities in taking short position involved any infraction of law, and if so, suitable action shall be taken.”

“The loss which has been sustained by Indian investors as a result of the volatility caused by the short positions taken by Hindenburg Research and any other entities acting in concert with Hindenburg Research should be probed,”

“In an appropriate case, this court does have the power to transfer an investigation being carried out by an authorized agency to an SIT or to the CBI. Such a power is exercised in extraordinary circumstances when the competent authority portrays a glaring, willful and deliberate inaction in carrying out the investigation. The threshold for the transfer of investigation has not been demonstrated to exist.”

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Keywords

Investigate whether the losses incurred by Indian investors