/2023 INSC 0140/ 1 Reportable IN THE SUPREME COURT OF INDIA ORIGINAL CIVIL/CRIMINAL JURISDICTION Writ Petition (C) No. 162 of 2023 Vishal Tiwari …Petitioner Versus Union of India & Ors. …Respondents With Writ Petition (Crl) No. 39 of 2023 With Writ Petition (C) No. 201 of 2023 And With Writ Petition (Crl) No. 57 of 2023 7 12. Further, SEBI shall apprise the expert committee (constituted in paragraph 14 of this order) of the action that it has taken in furtherance of the directions of this Court as well as the steps that it has taken in furtherance of its ongoing investigation. The constitution of the expert committee does not divest SEBI of its powers or responsibilities in continuing with its investigation into the recent volatility in the securities market. 13. In Prakash Gupta (supra), we took note of the developing nature of the regulations pertaining to the securities market. This Court noted that: “101. Therefore, the SEBI Act and the rules, regulations and circulars made or issued under the legislation, are constantly evolving with a concerted aim to enforce order in the securities market and promote its healthy growth while protecting investor wealth.” 14. In order to protect Indian investors against volatility of the kind which has been witnessed in the recent past, we are of the view that it is appropriate to constitute an Expert Committee for the assessment of the extant regulatory framework and for making recommendations to strengthen it. We hereby constitute a committee consisting of the following members: a. Mr. O P Bhatt; b. Justice J P Devadhar (retired) c. Mr. KV Kamath; d. Mr. Nandan Nilekani; and e. Mr. Somashekhar Sundaresan. 8 The Expert Committee shall be headed by Justice Abhay Manohar Sapre, a former judge of the Supreme Court of India. 15. The remit of the Committee shall be as follows: a. To provide an overall assessment of the situation including the relevant causal factors which have led to the volatility in the securities market in the recent past; b. To suggest measures to strengthen investor awareness; c. To investigate whether there has been regulatory failure in dealing with the alleged contravention of laws pertaining to the securities market in relation to the Adani Group or other companies; and d. To suggest measures to (i) strengthen the statutory and/or regulatory framework; and (ii) secure compliance with the existing framework for the protection of investors. 16. The Chairperson of the Securities and Exchange Board of India is requested to ensure that all requisite information is provided to the Committee. All agencies of the Union Government including agencies connected with financial regulation, fiscal agencies and law enforcement agencies shall co-operate with the Committee. The Committee is at liberty to seek recourse to external experts in its work. 17. The honorarium payable to the members of the Committee shall be fixed by the Chairperson and shall be borne by the Union Government. The 9 Secretary, Ministry of Finance shall nominate a senior officer who will act as a nodal officer to provide logistical assistance to the Committee. All the expenses incurred in connection with the work of the Committee shall be defrayed by the Union Government. 18. The Committee is requested to furnish its report in sealed cover to this Court within two months. …….…………………………...............................CJI. [Dr Dhananjaya Y Chandrachud] ……….…………………………...............................J. [Pamidighantam Sri Narasimha] ……….…………………………...............................J. [J.B. Pardiwala] New Delhi; March 2, 2023