Adani Group Hindenburg

Truth Has Prevailed, Says Adani After SC Ruling On Adani-Hindenburg Row

Adani Group Chairman Gautam Adani on Wednesday welcomed the ruling of the Supreme Court declining to transfer the probe into the Adani-Hindenburg matter from market regulator SEBI to a SIT (Special Investigation Team) or the CBI.

Adani tweeted saying that the judgement shows that truth has prevailed and said he was grateful to those who stood by the Adani Group.

“Satyameva Jayate. I am grateful to those who stood by us,” he posted on X.

“Our humble contribution to India’s growth story will continue,” the X post added.

In a relief to the Adani group of companies, a bench of Chief Justice of India DY Chandrachud, PS Pardiwala and Manoj Misra said the scope of power of the apex court to enter into the regulatory domain of SEBI is limited.

It said the scope of judicial review is only to see whether any fundamental right has been violated.

The verdict of the top court came on a batch of petitions seeking a court-monitored investigation or CBI probe into the allegations made by US-based firm Hindenburg Research against the Adani group of companies regarding violations of the stock market.

The bench said there has been no regulatory failure by SEBI and the market regulator cannot be expected to carry on its functions based on press reports though such reports can act as inputs for SEBI.

The top court also asked SEBI to complete within three months its probe into two cases pending out of 24 cases.

The case is related to the allegations (part of a report by short-seller Hindenberg Research) that Adani had inflated its share prices. After the publication of these allegations a sharp fall in the share value of various Adani companies, reportedly to the tune of USD 100 billion was seen.

The Adani Group has dismissed the charges as lies, saying it complies with all laws and disclosure requirements.

Various petitions were filed alleging that changes to the Securities and Exchange Board of India Act (SEBI Act) had provided a shield and an excuse for the Adani Group’s regulatory contraventions and market manipulations to remain undetected.

The apex court then asked SEBI to independently probe the matter and also constituted an expert committee headed by retired Supreme Court judge Justice AM Sapre to look into the matter.

In May last year, the expert committee, in its report, found no prima facie lapse on the part of the SEBI in the matter.

While reserving the verdict, the Supreme Court said it has no reason to “discredit” SEBI, which probed allegations against the Adani group, as there was no material before it to doubt what the market regulator has done, and the court does not have to treat what was set out in the Hindenburg report as a “true state of affairs.”.

It had been observed that it cannot ask a statutory regulator to take as a “gospel truth” something that was published in the media.

Advocate Prashant Bhushan, appearing for one of the petitioners, had told the apex court that there were many factual revelations in the Hindenburg report.

He said it was for the top court to see whether the investigation done by the SEBI was credible or not and whether some other independent organisation or an SIT needed to be formed to investigate it. (ANI)

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Adani Group Hindenburg

SEBI Never Comments On Entity-Specific Matters: Chief On Adani-Hindenburg

Securities and Exchange Board of India chairperson Madhabi Puri Buch, in her first press appearance since the Adani-Hindenburg issue rocked the country, categorically said the regulator will not comment on it as the matter is sub-judice.

On March 2, the Supreme Court set up an expert committee amid the controversy arising out of a report by US short-seller Hindenburg Research on the Adani Group. It directed SEBI to investigate whether there has been a violation of Section 19 of SEBI rules and any manipulation of stock prices.
“We never comment on entity-specific matters and on top of that, the matter is before the Supreme Court. We never comment on sub-judice matters,” Buch said at a press conference after its board meeting.

“We will follow the advice of the Supreme Court. We are duty-bound to follow whatever the Supreme Court has said,” she said, adding, “We will follow the Supreme Court order in letter and spirit.”

Further, she informed that the apex court has instructed the regulator to precisely give the update to the committee and it will be inappropriate to comment on the matter.

The January 24 Hindenburg report alleged stock manipulation and accounting fraud by the conglomerate. Over the past few weeks since the Hindenburg report, share prices of most companies in the Adani Group have dropped significantly, though in varying degrees.

In response to the US short seller’s report, the Adani Group had hit back, calling Hindenburg Research “an unethical short seller” and stating that the report was “nothing but a lie”. The continued sell-offs in the group’s stocks led its flagship firm, Adani Enterprises Limited, to cancel a fully subscribed Rs 20,000 crore follow-on public offer.

Adani Group on January 29, in a long 413-page report, said the report by Hindenburg Research was not an attack on any specific company but a “calculated attack” on India and its growth story. (ANI)

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