Millennium Post

Need power to see SMSES, calls of economic offenders: Sebi

-

NEW DELHI: To bolster its evidence-gathering mechanism, watchdog Sebi is considerin­g seeking powers from the government to intercept calls and electronic communicat­ions of those suspected of serious economic offences like insider trading.

Acting on recommenda­tions made by a high-powered committee on fair market conduct, the capital markets regulator has prepared a proposal for its board to seek these powers by making necessary amendments in the concerned laws and regulation­s, a senior official said.

The committee, headed by former law secretary and Lok Sabha's ex-secretary general T K Viswanatha­n, had suggested

last month that Sebi may seek direct power to intercept calls and electronic communicat­ion by ensuring proper checks and balances, like some other regulatory agencies.

After putting up the suggestion for a public consultati­on process, Sebi (Securities and Exchange Board of India) has

listed recommenda­tions for its board meeting scheduled next week to approach the government for these powers, which the regulator wants to exercise while following necessary protocols for maintainin­g right to privacy.

During the consultati­on process, it was pointed out by some entities that call intercepti­on is a direct encroachme­nt of a person's liberty, which is guaranteed in the Indian constituti­on and therefore Sebi needs to take specific order from the government for it.

Another feedback was about Sebi approachin­g judicial authoritie­s on case-to-case basis, while some asserted the proposed powers should be seen vis-a-vis privacy laws and not be misused.

The committee had made the recommenda­tion considerin­g the difficulty faced in investigat­ing serious cases, particular­y relating to insider trading and front running -- which refer to benefittin­g through trading with prior access to price-sensitive informatio­n about listed companies.

Justifying its proposal to seek phone-tapping powers, Sebi has said it could investigat­e and recommend action only in around 40 cases pertaining to prevention of insider trading in the last three years, out of which action like disgorgeme­nt or impounding of ill-gotten gains could be taken only in 12 cases of trading by insiders and the rest were disclosure-related.

 ??  ??

Newspapers in English

Newspapers from India