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Supreme Court Declines to Interfere with Delhi High Court Order in NSE Co-Location Corruption Case

By Drooid · · How we work

Core Event

On Tuesday, a two-judge Supreme Court bench—Justices J B Pardiwala and K Vinod Chandran—rejected former NSE managing director and CEO Chitra Ramkrishna’s petition to quash a Delhi High Court judgment that upheld her sanction under the Prevention of Corruption Act. The apex court said the High Court had not erred and that the question of whether Ramkrishna performed a “public duty” and qualifies as a “public servant” must be decided by the trial court.

Background & Context

The case stems from the NSE “co-location” controversy, where the CBI alleges that certain brokers obtained preferential access to the exchange’s servers between 2010 and 2014, generating windfall profits. Ramkrishna, joint managing director from 2009 to March 2013 and MD-CEO from April 2013, was linked to the alleged manipulation. A SEBI order dated 11 February 2022 found her involved in “financial irregularities” related to the compensation of former NSE employee Anand Subramanian. The CBI later filed a chargesheet accusing her of colluding with Subramanian to facilitate the preferential server access and to raise his remuneration without proper approval.

Timeline

  • 28 May 2018 – CBI lodges FIR alleging criminal conspiracy, bribery, misuse of position, and evidence tampering.
  • 11 Feb 2022 – SEBI issues order on compensation irregularities.
  • 21 Apr 2022 – CBI files chargesheet naming Ramkrishna and Subramanian as “public servants.”
  • 18 Aug 2022 – Supplementary charge sheet alleges Ramkrishna’s role in co-location facility design.
  • 9 Jul 2026 – Delhi High Court rules NSE performs a public duty and that Ramkrishna qualifies as a “public servant.”
  • 15 Sep 2026 – Supreme Court refuses to interfere with the High Court judgment.

Data & Statistics

  • FIR listed four offences: criminal conspiracy, attempt to give and receive bribe, misuse of official position, and destroying evidence.
  • Chargesheet cites repeated revisions to Subramanian’s remuneration; exact figures were not disclosed.

Official Statements & Responses

The Supreme Court bench said no error was evident in the High Court’s decision and that the “public duty” issue can be raised before the trial court. Senior Advocate Balbir Singh, representing Ramkrishna, argued that the PC Act should not apply because the NSE is a private entity and its officers do not hold public office. The CBI maintained that the central question is whether Ramkrishna performed a “public duty,” not the nature of the NSE itself. The Delhi High Court held that the NSE performs a vital economic function in the public interest and that its shareholding includes significant government ownership, rejecting Ramkrishna’s challenge to the definition of “public servant.”