Bombay HC remarks on slow-paced investigation, orders protection for whistleblower in Torres scam case  

Bombay High Court criticizes Mumbai Police for slow Torres investment scam investigation, orders protection for whistleblower CA.

The Bombay High Court on Wednesday (January 15, 2024) came down heavily on the Mumbai Police over the slow-paced investigation into the alleged Torres investment scam, and ordered immediate interim police protection for the Chartered Accountant (CA) who is the whistleblower in the case.  

A Division Bench of Justices Revati Mohite-Dere and Neela Gokhale questioned the Economic Offences Wing (EOW), the investigating agency. “We are shocked at the manner in which the investigation is progressing. Why didn’t you [the police] check with immigration authorities if they (the accused) have left the country or are in any other part of India? We are not happy with the investigation. Let us not mince words. You were informed in June and October last year [2024]. You are taking no steps against the persons you should be going after. Somewhere, the police are responsible. Despite getting a wealth of information, including their Telegram IDs, PAN cards, Aadhaar cards, and passport details, why didn’t you (the police) check if they (the accused) have left the shores or not?” the court said. 

“Have you (the police) collected CCTV footage from the hotel where they (the accused) were staying? Do we have to tell you everything? We are not expected to monitor cases like this but where you fail, we come in. Is this the manner and pace of a specialised agency [the EOW]? We expect promptness; otherwise, the accused will flee. Obtain CCTV footage from the company’s offices, hotels where the accused stayed,” the Bench added.

The High Court directed the EOW to store the entrance and exit CCTV footage of the EOW’s Mumbai office from December 30, 2024 to January 14, 2025.  

The Bench was hearing the petition of CA Abhishek Mahendra Gupta (31), who claims to be the whistleblower in the case.  

The petitioner has said that, while auditing Platinum Hern Private Limited, parent firm of the Torres brand, he came to know of fraud, issues of non-compliance, and irregularities, which were reported to the company’s director in accordance with his professional obligations. The petitioner has said he is a vulnerable witness in the case.  

The petition said that two of the company’s directors, Sarvesh Surve and Taufiq Riaz (alias John Carter), and an employee, Laxmi Yadav, had tipped off the Mumbai Police about the alleged scam in December 2024, and the police had been aware of the scam since June 2024, but no action had been taken.