About Me

The Big Bull Scam-1992 and the subsequent changes it brought in the Financial System of India

The blog is authored by Aryan Singh Chouhan, fourth-year student at Institute of Law, Nirma University. His main interests lie in Corporate Law.

image credits- Law Insider
 

Who was Harshad Mehta?

Harshad Mehta was a common man who found the loopholes in the law of securities in India in the late 1980s and early 1990s, wherein, he used those loopholes and amassed a big fortune for himself. Harshad Mehta first started as a jobber and then he became a registered stockbroker and member with Bombay Stock Exchange.

 

How did Harshad do it?

Harshad Mehta knew the intricacies of the banking system and tried to take full advantage of it. In the banking system, there are certain concepts such as the reserve ratio and standard liquidate ratio. “The banks as per the guidelines by RBI had to maintain certain reserve ratio which was 25% at that time, and the reason as to why such reserve has to be maintained by banks was that banks deals in both lending and deposits, now banks mostly lends the money to needy at a higher interest and give depositor a low interest, now RBI to protect depositors, asks banks that they should keep at least 25% of the money with themselves so that depositors can easily take their money back.”[1] Further, the banks had to maintain standard liquidity ratio(hereinafter SLR), that means it was mandatory for banks to invest in government securities. Government security is a way of the government to raise capital to finance its expenditure.[2]

 

“Now, the RBI at that time relaxed the norms for maintaining SLR from daily to weekly basis, that means that now banks who earlier were required mandatorily to keep maintaining the SLR that was  38.5% at that time and send everyday updates to RBI to weekly maintenance. Banks then started selling the government securities, to fulfil their short-term capital requirement and other banks started purchasing the government security to complete maintain their SLR.”[3]

 

There is also an important concept of Ready Forward Deal (hereinafter RFD) that the banks were involved in. In these types of deals, the bank who is in need of capital would sell their government security to banks and these ready forward deals were done by the intermediaries in the forms of brokers. Harshad Mehta found this concept of ready forward deal as a chance to earn money since Harshad was the broker of BSE, he used to participate in these ready forward deals, wherein he would take the security from one bank and would take some time from bank to give them cash for the security, then he would find a bank who needs any security, and will take advance from them, and when the earlier bank from he took security demands money, he will go to another bank, to take money for a promise to give security in some days, and thus he kept the money of banks with himself and fooled banks around.

 

But fooling banks was not that easy, what Harshad did was that he started to make fake bank receipts(hereinafter BR). A BR is used in RFD’s since actual security is not transferred, rather a BR was given as a certificate of purchase of RFD by the selling bank and Harshad identified certain banks, who were ready to make such fake BR’s and collaborated with them and then he started giving fake BR’s top bank and would take money from banks.[4] The banks who purchased the fake BR’s were also at fault since they never gave the money in favour of another bank, but they transferred money to Harshad Mehta, due to blind trust on him, which was not allowed as per rules and they never checked the authenticity of BR that Mehta gave to them, and thus banks were eventually responsible for such fraud.

 

What did the Big Bull do with the money taken from banks?

Harshad Mehta would take all the money from banks and would invest them in the securities market and he used to inflate the prices of stocks, and he would suggest that securities to his clients and thus, this created a big name of Harshad Mehta in the stock exchange and that’s how the big bull of stock market used to manipulate the shares and their prices according to his will.

“Eventually, the scam was unearthed and identified in 1992 and it amounted to be of 5000 crores at that time, of which the current value rises between the range of 20,000 crores to 2,50,000 crore and around 600 cases were filed, and CBI filed 72 charge sheets against Harshad Mehta.”[5]

 

Corrective Measures after the Harshad Mehta Scam-

(1)  Formation of SEBI:- 

After the Harshad Mehta Scam, the stock market was deeply disturbed and there was a need felt for a central body, that can regulate the securities market, so the process to implement SEBI Act 1992 was fastened and on 12th April 1992 SEBI was established

 

SEBI ACT 1992:-

 

a. The role of SEBI under the act was defined as of protector of investor and regulator of the market under section 11(1) of the act.


b. Under section 11(2) SEBI had the role to regulate and register stock and sub-brokers, which was added because of the Harshad Mehta Scam.


c. -The SEBI that we know today in 2020 as a powerful regulator was not that much power when it was established in 1992 and it did not have such wide powers like that of Investigation under section 11C or to give penalty under section 15  under the SEBI Act and with subsequent amendments, more power was given to SEBI.

 

(2)  Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 

After the Harshad Mehta Scam, there was the creation of a Special Court to fast track the cases which were specifically dealing in securities, so that burden can be removed from courts.

 

Features of Special Court Trial of Offences Relating to Transactions in Securities) Act, 1992

a. As per section 3(2) of the act, these special courts were made for cases exclusively dealing with any kind of fraudulent activity that has been there related to securities.


b. As per the section 9 of the act, these special courts were given power as that of the court of sessions and the procedure for following the proceedings has to be according to the CrPC.


c. As per section 10 of the act, if any person is unhappy with the decision of the Special Court, then they can always go into the supreme court.

 

(3)  The Securities Law(Amendment) Act 1995 (Now Repealed)

Another major change that was introduced, after the Harshad Mehta scam, to protect the integrity of stock market was through amendments done in the Securities Law Act which also brought changes in the SEBI Act in 1995.

 

Key Amendments-

a. Through the amendment in 1995, various powers were given to SEBI, which was necessary for it, to effectively regulate the market.


b. Section 11(2)(ba) was added wherein the regulating power of custodians of securities were given to SEBI, along with the regulating power of depositories.


c. In section 11(2) clause (la) was added, which gave power to SEBI, to ask any person, to give SEBI information, which it may ask for any purpose.


d. Also, section 11(3) was added that gave SEBI powers as that of the court of civil nature.


e. 11B was also added, which gave SEBI power, in the cases to protect and safeguard investors, to issue orders as it may deem fit.


f. Provisions for Power of penalty that SEBI can impose under the act was first given to SEBI under section 15A to 15H under the 1995 amendment.

 

Also, read- Does SEBI have the power to pass ex-parte orders?


[1] Shreekant Vattiikuti, Accelerating towards Globalization: Indian Securities Regulation since 1992, 23 N.C.J. INT'l L. & COM. REG. 105 (1997).

[2] id

[3] Rinku, Prevention and control of corporate frauds: a socio-legal study of financial market in India, available at http://hdl.handle.net/10603/45803

[4] id

[5] Sucheta Dalal, Harshad Mehta's Conviction: How Not to Handle Financial Crimes, 34 E.W.P,2833(1999).

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