904-NMS-1220-15-F4.DOC
distress and cause discomfort. That is not only their job. It is their
burden. Watchdogs respond to whistles and whistles need
whistleblowers; and between them if they can ask what others have
not dared, if they can, if I may be permitted this, boldly go where
none have gone before; if they can, as they say, rattle a few cages,
then that is all to the good. Neither of our principal stock exchanges
are strangers to scandal; no matter what the NSE may think of
itself, and even if Dr. Tulzapurkar insists that the past is the past
and irrelevant today, public memory is not that short. The scams
that beleaguered our exchanges in the past, and those that continue
to occupy the time of this Court have at least in part come to light
because of persons like Ms. Dalal and her fellow travellers. If
regulatory agencies have been compelled to make changes, and if
our own Supreme Court has felt it necessary to step in with drastic
orders, it is because every oversight process has either failed or
been subverted. The Plaintiffs are in error when they describe Ms.
Dalal as some out-of-control lone wolf. The nation may or may not
want to know; Ms. Dalal does. So do her readers. And, as it
happens, so do I. She is certainly entitled to ask, to question, to
doubt and to draw legitimate conclusions.
26.
Today, all our institutions face the crisis of dwindling public
confidence. Neither the NSE nor the judiciary are exceptions to
this. It presents a very real dilemma, for the existence of our
institutions is posited on that very public confidence and faith and
its continuance. The challenge is, I think, in finding legitimate
methods of restoring that public trust, that balance. Hence the cries
for transparency and accountability everywhere; and I see no reason
why the NSE should be any exception to this. Quelling dissent and
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