Abraham moves apex court against order in Sinha appointment case

Former Sebi member wants to implead as a party in the in UK Sinha appointment case; seeks expunction of remarks against him in November order by SC

 

Former Securities and Exchange Board of India (Sebi) whole-time member K M Abraham has moved an application of impleadment in the Supreme Court seeking to become a party in the writ petition challenging the appointment of U K Sinha as chairman. Abraham has also applied for the expunction of the court's remarks about him in a recent order disposing the writ petition last month. Bangalore-based lawyer Arun Kumar Agrawal had filed a writ petition challenging the Sebi chief's appointment. Though Abraham was not a party, Agrawal had cited a letter written by him to the prime minister in 2011. In November, the court had dismissed the petition making severe remarks against the petitioner and Abraham.

Abraham is additional chief secretary of the Kerala government in Thiruvananthapuram. He said in the petition the "disparaging remarks" would cause "grave prejudice" and affect "his career prospects." "We will know the tentative date of listing in a day or two," Abraham's lawyer told Business Standard.

 "It is filed that the court, while disposing the petition, makes specific remarks against the applicant, not a party to the petition but whose private correspondence was relied on by the petitioner to make his case," Abraham's application said.

The court had observed in the November judgment the allegations by Abraham during his tenure as a whole-time member against the chairman were done with an ulterior motive and were not supported by any material. It was observed the allegations by the applicant were motivated and did not espouse any public interest. Citing the principle of law that no one be condemned unheard, the petition said, “The presence of the applicant is necessary to enable the court to effectually and completely adjudicate and make appropriate directions.”

The court had come down heavily on Agrawal referring to him as a “stool pigeon” respresenting “phantom corporate lobbies”. Agrawal has filed a separate application seeking expunction of these remarks.

Sinha was appointed chairman in February 2011. Three months later, Abraham had written to the prime minister, making certain allegations against Sinha.

 

The court had said, “unable to take the allegations made by Dr Abraham seriously as the same seem to be actuated by ulterior motive. It is a direct attack on the integrity of respondent no. 4  (Sinha). The opinion expressed by Dr Abraham in his lengthy letter cannot be given much credence unless it is supported by very convincing material.”

 

The order further said, “the allegations made in the letter written by Dr Abraham are without any basis and clearly motivated….From the above it is manifest that the letter written by Dr Abraham was clearly motivated and espouses no public interest.” 

 

The Court had also come down heavily on Agrawal referring to him a “stool pigeon” respresenting “phantom corporate lobbies.” Agrawal has also filed a separate application seeking expunction of these remarks.