Supreme Court Order on Sahara India Real Estate Contempt Petition: Arrest of Subrata Roy

Supreme Court of India has decided to send 3 Directors of Sahara India Real Estate which includes Sahara Chief Mr. Subrata Roy Founder and chairman of the Sahara India Pariwar to Judicial Custody in Delhi till next hearing, but has granted the Concession to women director Mr. Vandana Bhargava from detention and asked her to remain present on next hearing.

Grounds of Decision

Sufficient opportunities have been given to the contemnors to fully comply with those orders and purge the contempt committed by them but, rather than availing of the same, they have adopted various dilatory tactics to delay the implementation of the orders of this Court.  Non-compliance of the orders passed by this Court shakes the very foundation of our judicial system and undermines the rule of law, which we are bound to honour and protect.  This is essential to maintain faith and confidence of the people of this country in the judiciary. We have found that the contemnors have maintained an unreasonable stand throughout the proceedings before SEBI, SAT, High Court and even before this Court.  Reports/analysis filed by SEBI on 18.02.2014 make detailed reference to the submissions, documents, etc. furnished by the contemnors, which indicates that they are filing and making unacceptable statements and affidavits all through and even in the contempt proceedings.  Documents and affidavits produced by the contemnors themselves would apparently falsify their refund theory and cast serious doubts about the existence of the so-called investors.  All the fact finding authorities have opined that majority of investors do not exist. Preservation of market integrity is extremely important for economic growth of this country and for national interest. Maintaining investors’ confidence requires market integrity and control of market abuse.  Market abuse is a serious financial crime which undermines the very financial structure of this country and will make imbalance in wealth between haves and have nots.

Opportunity for Sahara for settlement Proposal

This concession is being extended towards the fourth respondent because she is a woman Director, and also, to enable the contemnors to be in a position to propose an acceptable solution for execution of our orders, by coordinating with the detenues.  Mrs. Vandana Bhargava, who herself is one of the Directors, is permitted to be in touch with the rest of the contemnors and submit an acceptable proposal arrived at during their detention, so that the Court can pass appropriate orders.

Next Date of Hearing for Sahara Case for Repayment Plan

List on March 11, 2014 at 2.00 p.m.  All the contemnors be produced in Court on that date.  Mrs. Vandana Bhargava, the fourth respondent, to appear on her own.  However, liberty is granted for mentioning the matters for preponement of the date, if a concrete and acceptable proposal can be offered in the meantime.

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