Sahara: SC Sets Aside Delhi HC Order Staying SFIO Probe into Sahara Group & LOCs against Subrata Roy, wife
The Supreme Court (SC) on Thursday set aside the Delhi High Court (HC) order, which stayed the investigation into companies related to the Sahara group and also the look out circulars (LOCs) issued against Sahara group chief Subrata Roy and his wife.
A bench comprising justices DY Chandrachud and Bela M Trivedi said the HC order was unwarranted and also it passed an extraordinary order staying the investigation. On 17th May, the top court had agreed to list a plea by SFIO (serious fraud investigation office) challenging the Delhi HC order.
Solicitor general Tushar Mehta, representing the SFIO, submitted that total money involved is Rs1 lakh crore and considering layers and layers of companies involved, the probe could not be completed in three months and it took more time. Mr Mehta said: "We issued a look out circular so that they do not flee the country..."
A plea by SFIO said: "The petitioner SFIO has filed the captioned petition against the final judgement of the Delhi HC dated 13 December  2021, whereby the high court erroneously granted interim relief to respondents 1 to 3 by staying the operation, implementation, and execution of the investigation orders dated 31 October 2018 and 27 October 2020 passed by the Central government and stayed all subsequent actions and proceedings initiated pursuant thereof including coercive proceedings and look out notices issued against the respondents."
After hearing arguments, the top court said the Delhi HC was not correct in staying the investigation at interim stage. "We allow appeals and set aside the high court order on stay...," said the bench.
The SFIO, a statutory corporate fraud investigating agency, moved the top court against the 13 December 2021 Delhi HC order. "It is submitted by way of the order, all actions and proceedings undertaken under the orders dated 31 October 2018 and 27 October 2020, passed by the central government have been stayed which seriously prejudice the ongoing investigations and proceedings which necessitated urgent listing of the captioned petitions," added the SFIO's plea.
It further added that HC order was passed by ignoring the material facts available on record, and sought stay on HC order.
The HC had observed that petitioners Sahara Housing Investment Corporation Ltd and others have made out a prima facie case for the grant of interim relief. It further added that the balance of convenience was also in their favour, and irreparable loss would be caused to them, if interim relief is not granted. The HC had asked the central government to file its response to the petition.
The petitioners—Sahara firm and others—had submitted before the high court that the first order was passed on 31 October 2018, for investigation into the affairs of three companies—Sahara Q Shop Unique Products Range Ltd, Sahara Q Gold Mart Ltd, and Sahara Housing Investment Corporation Ltd. The petitioners further contended that perusal of the October 27, 2020 revealed that no reason was assigned, why it was necessary to begin an investigation against the six companies.
These companies are: Aamby Valley Ltd, Qing Amby City Developers Corporation Ltd, Sahara India Commercial Corporation Ltd, Sahara Prime City Ltd, Sahara India Financial Corporation Ltd and Sahara India Real Estate Corporation Ltd.
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