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By:

Quaid Najmi

4 January 2025 at 8:56:24 pm

HC denies shield to anti-CEC protesters

Court says it will intervene if specific illegalities are brought to its notice Mumbai: The Bombay High Court on Tuesday refused to pass blanket orders against police detentions of people protesting against Chief Election Commissioner Gyanesh Kumar, while assuring that it would take action if specific illegalities are brought before it. The court was hearing a petition filed by advocate Sagar Devre, who alleged that Mumbai police illegally detained hundreds of peaceful demonstrators,...

HC denies shield to anti-CEC protesters

Court says it will intervene if specific illegalities are brought to its notice Mumbai: The Bombay High Court on Tuesday refused to pass blanket orders against police detentions of people protesting against Chief Election Commissioner Gyanesh Kumar, while assuring that it would take action if specific illegalities are brought before it. The court was hearing a petition filed by advocate Sagar Devre, who alleged that Mumbai police illegally detained hundreds of peaceful demonstrators, including women and students, who took out marches in solidarity with agitations in the national capital over the weekend. Advocate Manish Tomar, representing the petitioner, urged the court to issue an interim order restraining the police from making further detentions during peaceful demonstrations. A division bench, however, declined the plea for a general stay on police action.
Court’s Assurance "We cannot pass a blanket order saying no person shall be detained. You point out if there is any such instance, we will take care. We will not permit anything wrong," the court observed. Additional Government Pleader Manish Upadhye sought time to seek instructions from the concerned authorities on the claims made in the petition. Accepting the request, the high court adjourned the matter and posted the plea for further hearing on October 19. Devre's plea sought protection of the fundamental rights of citizens, peaceful demonstrators, lawyers and others in connection with the protests in the national capital against the CEC. Terming it as an issue involving the fundamental right of people, the PIL said it was filed to protect a simple freedom of every Mumbai resident citizens – to walk freely on the city roads, to stand peacefully with others, or to stay in one’s home “without being lifted and carried away” by the police without an individual reason. It mentioned how students were allegedly picked up from their homes in connection with protest cases dating back to July 2026, which the petition said had already been quashed by the Supreme Court. Making it clear that the challenge was not against the police’s legal authority to regulate public assemblies or the political positions taken by protesters, the petitioner claimed it was to question the practice of detaining people without individualised, lawful and recorded reasons, or using previously quashed cases and past detentions against them. Invoking Article 14 of the Constitution, which guarantees equality before the law, the plea argued that coercive action based merely on a person's association, appearance on a list, previous detention or presence in a public place would amount to arbitrary state action. It further contended that a quashed FIR could not be used as a continuing basis for hostile discriminatory treatment as a ‘permanent mark’ against a citizen since "a quashed FIR is no FIR at all”. The PIL seeks the court's declaration as 'unconstitutional' the sweeping detention of peaceful demonstrators, pedestrians and others without lawful individual justification. It seeks an independent inquiry into the alleged police excesses, preservation of CCTV footage, police records, a verified list of the detenus and framing of standard operating procedures to govern policing action during mass-protests. Long detentions The petitioner contended that the detentions went beyond the demonstrators to include bystanders and passers-by, among them women, a mother with a child and a senior citizen. Among those detained included Mahatma Gandhi’s great-grandson Tushar Arun Gandhi, his daughter Kasturi, actor Imran Khan, activists Feroze Mithiborwala, S. L. Guddi, scores of youth and students, though they were released after several hours of detention by various police stations.

Lateral upgrade to ailing annihilation

Sep 9, 2024
3 min read

Updated: Oct 21, 2024

Lateral upgrade to ailing annihilation

Being the first person from the private sector to be appointed as chairperson of Securities and Exchange Board of India (SEBI) as part of the government’s lateral initiative, Madhabi Puri Buch also holds the honour of being the first woman to hold the top post as capital market regulator.

But the laurels that the former private sector banker enjoyed in her earlier stint with ICICI Bank, was marred with allegations that she and her husband were having a stake in offshore entities, which were used to artificially inflate shares of Adani group companies.

Terming the allegation as `character assassination, Buch clarified that all disclosures have already been furnished and the fund in question did not invest in any securities involving the Adani group.

When it rains, it pours. This allegation was subsequently followed by Congress Party allegation that Buch had received salary and post-retirement benefits from ICICI Bank after she quit the private sector bank.

In its clarification to the stock exchanges, ICICI Bank asserted that the payments made to Buch were purely retirement benefits after her exit from the bank and they were neither salary nor employee stock options.

Prior to these allegations, Buch tenure at SEBI was all about bringing in quick reforms on operational issues by changing the format of consultation paper to bring in larger responses digitally. Being data savvy, the rationale of her decisions were democratic based on big data analysis derived from the responses received to the consultation papers.

Further she bifurcated the duties of the SEBI staff between operations and enforcement, which were done by the same persons earlier. Having worked for the private sector in the capital market domain space, Buch had a better understanding of the subject compared to officers from the administrative service in the past that reflected even in her orders as a whole-time director at SEBI before becoming the chairperson. As a whole time director at SEBI, her orders on adjudication issues were more directional to the capital market space, according to experts in the compliance space. She was also quick to revamp the old provisions of the 90s at SEBI.

Being tech and data savvy, Buch enhanced regulatory surveillance and detection of market manipulation, insider trading and fraud while also emphasizing on strengthening corporate governance by introducing stricter rules for independent directors and enhancing disclosures for related-party transactions.

To put in perspective, the annual report of the capital market regulator in the just concluded financial year revealed that the number of investigations related to insider trading jumped to 175 in 2023-24 from 85 in the preceding year while probes related to front running jumped over three times to 83 from 24 in the preceding year.

Transparency in mutual funds by implementing measures to protect retail investors along with tightening norms for initial public offers, particularly in the SME platforms were some of her other positive initiatives including confirmation of denial of any market rumours within 24 hours for the top 100 listed companies which will be extended to top 250 companies from December 1. However increased transparency and compliance with tightening regulations led to increased operational costs for the market participants and hence faced resistance from certain quarters. Born in 1966, Buch completed her primary education in Mumbai and graduated with specialization in Mathematics from Delhi and later obtained a management degree from Indian Institute of Management, Ahmedabad. In between, she got engaged to Dhawal Buch, a director at a consumer goods multinational at the age of eighteen and got married at the age of 21.

Besides ICICI Bank, Buch also worked as a lecturer at a college in England, worked at Greater Pacific Capital in Singapore and ICICI Securities as its CEO. She also worked as executive director on several private sector companies and as a consultant for New Development Bank (Brics Bank).

What now remains to be seen, is whether Buch, who survived the 26/11 terror attack when she along with her husband, was attending a meeting at Taj, be able to overcome the current ordeal. Keeping fingers crossed for the times to come.

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