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2014 Supreme(Bom) 955

MOHIT S.SHAH, M.S.SANKLECHA
Indian Council of Investors – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Dariaus Shroff, Ashish Kamat, Deepak Sanchety, Durgesh Khanapurkar i/b India Law Alliance, Advocates.
For the Respondents:R1, Parag Vyas, Advocate, R2, Darius Khambata, Senior Advocate with Naira Jeejeebhoy, Yogesh Chande, Faraz Sagar, Tomu Francis i/b Economic Laws Practice, Advocates.

Oral Judgment

This public interest litigation has been filed by the Indian Council of Investors essentially seeking the following directions to respondent no.2 – Securities and Exchange Board of India (SEBI):-

(a) to cease, desist and refrain from calling for Call Data Records (CDRs) and details of tower location from Telecom Service Providers (TSP);

(b) to disclose the names of its officials who had called for such information from TSP and to take necessary action against such officials; and

(c) to disclose on oath all investigation, adjudication, prosecution and other action that may have been taken and is being taken on the basis of CDRs collected. The petitioner Council has also alleged that the action of calling for CDRs from TSP by SEBI violates and infringes the fundamental right of privacy available to citizens of India.

2. The petitioner is a company incorporated under section 25 of the Companies Act, 1956 and claims to be promoting, protecting and safeguarding the interest of investors of primary and secondary markets with various authorities including SEBI.

3. SEBI is a Board constituted and established by the Central Government under Section 3 of the Securities and Exchan



























































































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