Friday, August 27, 2021

HEERA GROUP CASE SUMMARY - WITH SUPREME COURT DOCUMENTS

I - COURT CASE SUMMARY

SEPTEMBER 2018 TO NOVEMBER 2018
From Arrest up until filing of first petition in SC
- September 2018 – First FIR, Banjara Hills, Hyderabad.
- October 15, 2018 – Arrest.
- October 2018 (Late) – Nampally Metropolitan Court granted bail.
- November 2018 (Early) – Central Crime Station, Hyderabad, approach Hyderabad HC.  Hyderabad HC issued order stating the bail granted was erroneous.  Bail cancelled before release.
- November 2018 – Heera files petition in SC.  SC refuses to intervene.

NOVEMBER 2018 TO DECEMBER 2019
Several other FIRs were registered against Heera Group (Over 25).  Custody/transfers:  Maharashtra, Andhra Pradesh, Karnataka, Kerala.

- Thane District Court, Justice JP Jhadav ROP stating there must be more victims, denied bail.
- Malegaon District Court offers bail against settlement of claims within 2 weeks.
- Bombay High Court offers bail against settlement of all claims, but only after settlement is done.  Maharashtra’s Competent Authority (Additional Collector) summoned.  Heera writes letter to Competent Authority.

DECEMBER 2019
*Telangana HC grants bail; Heera files another petition in SC.*
- December 2019 – Telangana HC ordered bail with conditions to settle all claims of investors within 3 months and a deposit of Rs. 5 crores.  Post this, Heera filed another petition in SC in January 2020, pleading to implement Telangana order for all other states, grant bail, club all cases to be investigated under one single agency, SFIO, and provide chance to pay/bail.

JANUARY 2020 TO DATE
Supreme Court Record Of Proceedings

JANUARY 2020:  Petition filed by Heera Group in SC, praying for all cases to be clubbed and sent to SFIO, citing unfair handling of cases by State of Telangana given political rivalry with AIMIM.  Also stating that the company has sufficient sources of funds using which they can pay all claimants immediately after the CEO is given a chance to do so (bail).


- Delay due to Covid-19.

JANUARY 11, 2021:  Heera files an undertaking promising to pay all complainants within 6 weeks on grant of bail/release, and settle any other remaining due (those who have not complained yet) within 6 months.

JANUARY 19, 2021:  SC grants interim bail ordering Heera to pay all complainants within 6 weeks.

- Heera excuses in the hearings after release on bail - Enforcement Directorate has taken away all monies in banks, bank account not defreezed, seized data instruments not provided by State of Telangana/FSL and so unable to facilitate settlement of dues to complainants.

- Enforcement Directorate returns back monies into Heera accounts.

- Heera prepares documents to establish proof of payment done to complainants.  Claims to have settled around 3000 claimants.

- Dissatisfied with the submissions, SC asks Heera to submit compliance report on or before June 30, 2021.  Heera submits printed accounts on company letterheads (more than 500 documents), now claiming to have settled more than 7000 claimants.

AUGUST 6, 2020:  Hearing – Distracting attention from the submitted compliance report, Heera lawyer starts off the hearing stating that the State of Telangana has still not provided them investors’ data.  Telangana blames delay in acquiring data instruments from FSL, also states that they have written to Heera asking them to reply as to what part of the seized material is required for the company to start verification and disbursement.  SC shows displeasure in the functioning of State/s.  Makes January 19, 2021, order absolute, i.e., bail until State comes up with their own verified list.  Since the original petition filed in January 2020 by Heera was requesting the SC to club all cases and send to SFIO, SC decided not to argue on the settlement and bail issue until states come up with verified list of investors themselves, and decides on hearing whether the cases should be clubbed and sent to SFIO or not.

HON. ADDITIONAL SOLICITOR GENERAL OF INDIA, MR. S.V. RAJU IS COORDINATING WITH STATES AND OTHER CONCERNED PARTIES TO COME UP WITH VERIFIED LIST OF CLAIMANTS - NEXT DATE SEPTEMBER 22, 2021 

SEPTEMBER 22, 2021:  Hon. Additional Solicitor General of India, Mr. S.V. Raju was not present because of being physically present in SC, arguing against a Death Sentence.  Hearing postponed to October 22, 2021.

Supreme Court Documents - https://drive.google.com/drive/folders/1L-WLmqTm4gdlYjDyQMjD6BrE1XkkWRXk?usp=sharing

 

 

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