The Subrata Roy
Sahara Arrest Seems Like Overkill
Part of the Sahara imbroglio can be attributed to Stock
Market regulator SEBI wanting to try out its newly installed teeth and claws. SEBI
has turned the confrontation into a test case because it wants to have massive
oversight, along with punitive and search and seizure powers like the American
US SEC. And the Sahara Group, with its flamboyant Chairman, presents a juicy
target. SEBI has picked on a Sahara Group debenture issue to private investors,
millions of them, as is the wont of parabanking giants like Sahara and Peerless;
via a couple of unlisted companies, as listed companies were disallowed to do this kind of fund-raising
now.
The amount in question is some Rs. 24,000 crores, typically made up of millions of small deposits. SEBI, on its part, is citing a law that if the depositors number more than 50, it automatically becomes a public raising of funds, and comes under its purview. SEBI therefore instructed Sahara to return the funds to the investors as they had been raised ‘illegally’. Sahara, ostensibly has complied in the main. SEBI however is not convinced. In the balance, should this lead to a weakening of the Sahara Group, are the jobs of over a million employees and many millions of investors.
This despite SEBI having been sent 17 truck-loads of papers
that allegedly prove Sahara has paid back most of its investors. SEBI has reportedly
not ploughed through this ‘proof’ as yet, even as several more truck-loads of
material await its scrutiny in a Mumbai godown. Instead, SEBI has got the Court
to order Sahara to deposit Rs. 24,000 crores either in cash or by way of
suitable and unencumbered property documents with it, in case the evidence does
not check out. It is a fact that Sahara is struggling to do all this in
cash-strapped circumstances presently, but there is nothing to suggest a deeper malaise.
Sahara on its part has deposited some 5,206 crores claiming,
at the time, that the net outstanding was about Rs. 5,120 crores. Since then, more
payouts have been made, and the net outstanding now is about Rs. 2,000 crores.
The property documents, also submitted to SEBI are apparently not up to the
requisite value of over Rs. 20,000 crores, but since most of the money has
allegedly been paid back, events may have overtaken this requirement. But not,
it seems, SEBI scepticism.
The RBI has also been
fretting over regulation of parabanking, and has curtailed much of Sahara’s
room to manoeuvre over the years, and there is also the rumoured Congress high
command antipathy towards the Group. The close relations that the Sahara Group
has long enjoyed with Samajwadi Party and the father and son duo of Mulayam
Singh Yadav and Akhilesh also seems now to be missing in action.
Sahara is no longer as cash-rich as it used to be, partially
because of some large overseas hotel purchases, a downturn in the real estate
asset valuations and liquidity,and the regulatory killing off of most of its
parabanking businesses. It has also suffered significant losses in some of its diversified forays.
The Supreme Court’s insistence on a personal appearance of
corporate big-wig Subroto Roy Sahara, followed by a non-bailable arrest
warrant, has now coalesced and focussed attention on the case. It is also why
Subrata Roy Sahara is in a forest rest house near Lucknow under police custody
till 2 pm on March 4th when the bench of the Supreme Court will see
and hear him in New Delhi.
If indeed only some
Rs. 2,000 crores remains to be paid out, it possibly will resolve quite quickly.
The Honourable Supreme Court justices are annoyed at Subrata Roy dragging his
feet when summoned, though the latter claims it is because his 92 year old
mother is seriously ill. It may also be important to bring this case to a
business-like conclusion in short order to send out a signal that India is not
in the way of harassing its eminent and accomplished corporate brass. If the
idea is to make clear that no one is above the law, surely there is also a need
to calibrate judicial wisdom and outreach according to the nature and gravity
of the legal infraction. Top lawyers Ram Jehmalani and Ravi Shankar Prasad who
are representing Subrata Roy, did try and fail to get his arrest waived and the
hearing advanced.
But looking forward now, they need to put this matter into judicial perspective before it does a lot of damage to the image of India at a time when we need to encourage business, industry, FDI and FII. India’s GDP has meanwhile plummeted to 4.78% and this kind of high profile trial that involves the arrest of top corporates does not help matters.
But looking forward now, they need to put this matter into judicial perspective before it does a lot of damage to the image of India at a time when we need to encourage business, industry, FDI and FII. India’s GDP has meanwhile plummeted to 4.78% and this kind of high profile trial that involves the arrest of top corporates does not help matters.
(793 words)
March 1st,
2014
Gautam Mukherjee