www.expressindia.com - Weather | Horoscope | Stocks | RSS
expressindia web city
HomeBlogsCricketAstrologyShopping TendersClassifieds Opinions Hotels
Sign In / Register | Archive
Expressindia » Story

Handling corporate fraud not complicated: CJI

Font Size

Agencies

Posted: Jan 20, 2009 at 1232 hrs IST

New Delhi Amid a rise in white collar crimes and corporate frauds such as Satyam and Nagarjuna Finance, the Chief Justice of India K G Balakrishnan has said that judiciary is fully equipped to tackle such cases.

Dealing with cases of corporate fraud is not complicated, though common man may find them difficult to comprehend, he said, emphasising that "now the courts are also assisted by good legally trained persons. CBI has a good team of prosecutors."

Brushing aside apprehensions about dealing with crimes that involve complex stock market derivatives and other financial instruments, Balakrishnan said such cases boil down to handling issues concerning financial fraud and record tampering for which judiciary is equipped and can also seek assistance from experts.

"Ultimately (white collar crimes) boil down to the question of fraud... the commission of fraud, tampering with the record and the company projecting report in a different way," the CJI said on whether the government prosecutors face problems when pitched against best legal brains hired by the corporate.

CBI, the Chief Justice said, "is investigating so many complicated cases... Nowadays, any body can borrow help."

The CJI's comments assume importance as they come within weeks of unfolding of the country's biggest corporate fraud following disclosure by the disgraced founder-chairman of Satyam Computer Services, B Ramalinga Raju, that he had cooked up the books to inflate profits.

Balakrishnan said one of the major problems being faced by the lower courts was the plethora of cases pertaining to bouncing of cheques.

"One major problem is Section 138 (of Negotiable Instruments Act dealing with dishonour of cheques) cases... large number of cases are there, mostly in city" as also other places, he said.

These have created problems of magistracy, he said, adding that "they (lower courts) are all flooded with these cases and I feel unless the regular criminal court is working, it would have serious impact on law and order situation."

As regards the issue of handling complicated cases, involving stock markets and matters concerning corporate governance, by higher judiciary, Balakrishnan said, "Judiciary handles these things by specialised tribunals for economic matters."

Even for SEBI matters, he said there are special courts, special judges and a tribunal and also these bodies can take assistance from experts in the field of finance.

On setting up of the National Company Law Tribunal (NCLT), which was proposed by the government in 2002 to deal exclusively with corporate disputes, he said efforts were being made to expedite court cases concerning NCLT.

"We are trying to expedite the matter (concerning setting up of NCLT) and it would be heard by the constitutional bench", he said.

The government had proposed to set up a National Tax Tribunal (NTT) in 2004 to clear the backlog of tax disputes, but the proposal has not yet made any progress.

The legislation to set up NCLT was challenged by some activists, mainly on the grounds of encroachment of the jurisdiction of high courts and the cases are currently pending before the Supreme Court.

Discuss this story on expressindia forums
Post Comments
Name* Email ID*
Subject* Country*
Message*
Characters remaining
 
TERMS OF USE: The views, opinions and comments posted are your, and are not endorsed by this website. You shall be solely responsible for the comment posted here. The website reserves the right to delete, reject, or otherwise remove any views, opinions and comments posted or part thereof. You shall ensure that the comment is not inflammatory, abusive, derogatory, defamatory &/or obscene, or contain pornographic matter and/or does not constitute hate mail, or violate privacy of any person (s) or breach confidentiality or otherwise is illegal, immoral or contrary to public policy. Nor should it contain anything infringing copyright &/or intellectual property rights of any person(s).
I agree to the terms of use.

Latest News

Business

Showbiz

Sports

FBI team to give India details of Headley-Rana plans

Omar favours triangular talks among India, Pak, separatists

Kaiga leakage: Kakodkar calls it deliberate, probe on

India-Canada clinch civil nuclear deal

Bolt to participate in Commonwealth Games: Kalmadi

Radiation leak at Kaiga nuke plant leave employees sick

50 CAT exam centres closed today after technical gliches disrupt exams

More
Featured Services
© 2009 The Indian Express Limited. All rights reserved
The Indian Express Group | Advertise With Us | Privacy Policy | Feedback | Work With Us | Site Map