Two seperate fresh petitions in SC on Hindenburg report and BBC documentary issue

New Delhi [India], February 16 (ANI): Another two separate petitions have been moved in the Supreme Court on the issues related to the BBC documentary and Hindenburg report.

The petitions have been filed by Mukesh Kumar, who claimed to be a social worker and a public-spirited citizen.

Both the petitions have been drafted and filed by Roopesh Singh Bhadauria, Advocate of the Supreme Court of India and National Chairman, Indian Youth Congress Legal Cell and Advocate Mareesh Pravir Sahay, Advocate-on-Record, Supreme Court of India.

In one of the petitions related to the Hindenburg report, he sought to direct appropriate audit (transactional and forensic audits), inquiry and investigation by appropriate agencies such as the Serious Frauds Investigation Office (SFIO); Registrar of Companies (RoC); Securities and Exchange Board of India (SEBI); ED (Directorate of Enforcement) on money-laundering aspect; I-T (Income-Tax Department on aspects of offshore transactions and tax-havens involved and DRI( Department of Revenue Intelligence).

Besides seeking a direction to the Centre and its agencies to render cooperation in the probe, the PIL has sought a direction to appoint a retired judge of the apex court “or a committee to oversee and monitor the inquiry and investigation”.

“Appoint a retired judge of the apex court or a committee to oversee and monitor the inquiry and investigation and to direct Union of India and all its agencies, bodies and departments to give full cooperation and assistance in the inquiry and investigation,” the plea said asking to direct UPI to ensure the protection of innocent small-scale investors who have put in their life-savings in SBI, LIC and in the stock markets in general.

The petitioner Mukesh Kumar claimed that the Hindenburg report on the Adani Group of Companies, the inept, casual stand and response of the Central Government and its various departments and agencies such as ED, DRI, SFIO, I-T, RoC, SEBI and others on the entire issue which goes to the root of corporate misgovernance, fraud, use of tax havens for laundering of money, shell companies, inflating books and assets to secure loans, exposure of PSUs such as SBI and LIC, and most vitally, the clear threat to small- scale investors and common citizens from such volatilities.

The petitioner also claimed that he raises valid questions on the process or modalities and whether there was any statutory committee to approve or monitor such large corporate loans in favour of one particular conglomerate.

In another petition, he said that the unconstitutional and grossly illegal ban by the Central Government on the BBC documentary on Indian Prime Minister Shri Narendra Modi using “emergency provisions” under the concerned act, which touches upon the very basic constitutional and fundamental rights and guarantees.

Hence, he has sought to quash the notification of January 20, 2023, passed by the Ministry of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,2021 and to direct the Central Government to ensure the screening of the documentary without any law and order issue.