Desist From Sending WhatsApp Messages To Judges : Supreme Court To Hira Gold Scam Victims

While hearing an appeal filed by Investigating Agencies against Heera Gold Exim Pvt. Ltd. and its Managing Director, Nowhera Shaikh for defrauding investors, Justice Sanjay Kishan Kaul expressed his concern that he was being contacted by the investors seeking justice, and the Bench, also comprising Justice M.M. Sundresh recorded the same in the order -

"In the end we may express some concern about the endeavours of some investors in addressing communications to Judges or endeavouring to send messages through whatsapp. We appreciate their concern but that is the not the method for seeking redressal. We therefore call upon them to desist from doing so."

Heera Gold Exim Private Limited, a company dealing in gold, collected huge deposits from the public with a promise to pay a 36% dividend on the invested amount. When the company failed to pay dividends and maturity amounts, investors across states lodged complaints, inter alia, alleging cheating and fraud.

In the light of the same, Ms. Nowhera Shaikh, the Managing Director of the company was arrested. On 19.01.2021, the Supreme Court granted her interim bail on the condition that she would settle the claims of the investors. The interim bail was extended from time to time and on 05.08.2021 it was made absolute.

The Supreme Court had on previous occasions asked Ms. Shaikh and the Investigating Agency to ensure that the investors receive their dues. To facilitate the same, the Court had also asked the Investigating Agency to de-freeze the accounts of the company and provide necessary access to Ms. Shaikh so that the settlement process could be expedited.

On Wednesday, the Court expressed its displeasure that even after three years FSL report has not been made available. The Court noted -

"A number of Courts have expressed the views on the inadequacy of the number of FSLs If the complexity of the alleged frauds have gone up so as the technology which should be available both in hardware and software and manpower with the investigating agency to deal with same."

On 05.08.2021, a similar concern was raised and the ASG. Mr. S.V. Raju had assured the Court that he would take up the issue with the concerned laboratory.

Considering the delay in getting the FSL Report, Senior Advocate, Mr. Ranjit Kumar suggested if the facilities of the company could be utilised in obtaining the requisite data. Mr. Raju stated that he would seek instructions regarding the same.

[Case Title: State of Telangana Rep By Special Officer Vandhana And Ors. v. M/s. Heera Gold Exim Private Limited And Ors. Criminal Appeal No. 761-762 of 2021]