'My mobile is not meant for their WhatsApp messages': SC judge warns investors duped in Heera gold scam

Supreme Court judge Justice S K Kaul on Tuesday expressed displeasure over some investors, who were allegedly duped by a company, sending WhatsApp messages to him and warned he will take a "serious view" and recuse himself from hearing the matter if they don't stop doing it.

Justice Kaul, who heads the bench which is hearing the case where a firm is accused of collecting Rs 5,600 crore as deposit from the investors, had in February this year also said he does not want to receive WhatsApp messages about the case from the litigants.

"You communicate with them (investors). I will take a serious view. They keep violating what I have been saying earlier," Justice Kaul, who along with Justice A S Oka comprises the bench, told the lawyer appearing for the investors.

"My mobile is not meant for WhatsApp... I will just send the proceeding off. I had mentioned earlier, I did not take any action," Justice Kaul said, adding, "please stop doing this otherwise I will recuse myself. Do not try this".

In its February 9 order, the apex court had asked some of the investors to desist from sending messages to judges.

"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 not the method for seeking redressal. We therefore call upon them to desist from doing so," the court had noted in its order.

During the hearing, the bench was told that one of the respondents has circulated a letter seeking adjournment. The apex court posted the matter for further hearing on November 10.

The firm is accused of duping investors after luring them to invest in gold saving schemes.

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.

Justice Kaul has time and again indicated that the only reason the apex court has disposed of the matter and kept it open is to see to it that the investors receive their due claim. The Supreme Court had asked Nowhera Shaikh, the managing director of the company, 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 Shaikh so that the settlement process could be expedited.