Risk Hai Toh Ishq Hai: 20 Things You Can Learn About 1990s By Watching Scam 1992

Over the last weekend I saw Scam 1992—The Harshad Mehta Story. The OTT series is based on a book titled The Scam—From Harshad Mehta to Ketan Parekh written by Debashis Basu and Sucheta Dalal.

The 10-episode series is set around the Harshad Mehta scam where Mehta used banking funds illegally to drive up stock prices. Dalal, a journalist with The Times of India broke the story about Mehta’s shenanigans.

Basu who used to work for Business Today magazine at that point of time (not mentioned in the series) is shown to be helping her all along. The story is told from the point of view both Mehta’s and Dalal’s characters.

I enjoyed watching the series immensely and even tweeted saying that the brief Indian OTT era now needs to be divided into before and after Scam 1992.

Watching the series has also inspired me to write this fun piece where I highlight stuff which was very different in the 1990s vis a vis how things are now.

There might be some spoilers here as well (though very few). So, if you haven’t watched the series and plan to watch it, it’s best you stop reading this piece now. You have been warned 

Let’s take a look at this pointwise.

1) The word scam itself wasn’t very popular with the Indian media until Dalal broke the Harshad Mehta scam and weaved the word into the story she wrote for The Times of India (as shown in the series). The phrase used before this was the rather dull financial fraud.

2) A major part of the series is set in 1992, which was a pre-mobile phone era. Hence, all the action happens through landline phones (thankfully pushbutton landline phones had made an appearance by then and so had big cordless phones).

3) It was also the pre-internet era. You had to remember facts or have access to libraries or research departments. This also meant that if you had to verify a company’s address you had to go there physically and do it and couldn’t simply log onto the internet and do so.

4) Cable TV had just started making an appearance in late 1991. Hence, the government owned Doordarshan was the dominant TV channel. It was also the major source of news, which wasn’t a 24/7 business at that point of time. The newspapers came in the morning. All India Radio had news bulletins at fixed points of time during the day. Doordarshan had news in the evenings (and later even in the mornings).

5) You could just walk into the Bombay Stock Exchange, unlike now where you have to go through multiple levels of security and tell the security guys exactly who you are going to meet. So, for journalists to meet sources was easy. Also, unlike today, the sources could be more easily protected simply because there were no electronic /digital footprints being left anywhere.

6) The Bombay Stock Exchange had a trading ring where jobbers representing stockbrokers made the market by actually buying and selling stocks. This matching of the seller and the buyer happens electronically now. The circular trading ring still exists and is used as a hall for hire for events. The events of BSE as the Bombay Stock Exchange is now known as, also happen in what used to be the trading ring.

7) Unlike now, if you wanted to buy or sell a stock you had to call up your broker and ask him to buy or sell on your behalf. You couldn’t just simply login into your demat account and buy or sell whatever you wanted to.

8) India had 23 stock exchanges at that point of time. Bombay and Kolkata were the most important exchanges. Even Patna had one.

9) The drink offered to everyone visiting the Bombay Stock Exchange was masala tea and not machine coffee, as it is now.

10) The Securities and Exchange Board of India (Sebi), the stock market regulator, did exist, but it did not have statutory powers. Hence, even if they knew that financial shenanigans were happening, they weren’t in a position to do anything. That only happened once the Sebi Act came into being in April 1992.

11) The media newsrooms did not have many computers. The stories were still typed on a typewriter, which meant that one had to have the entire story written in one’s mind before one started typing it out on a typewriter. The way a story can be rewritten now on a computer was rather difficult at that point of time.

12) You could smoke inside a media office. (How journalists would love this).

13) You could smoke on an airplane.

14) You could smoke in restaurants and cafes.

15) The RBI Governor leaked news to the media directly.

16) Even short sellers were popular investors at that point of time. The short-seller Manu Manek was called the Black Cobra of the stock market. (In my two decades of following the stock market, I am yet to come across a short seller the market loves). Interestingly, the stock market’s current darling was also a short seller at that point of time. Short selling involves borrowing and selling stocks in the hope that the price will fall and the stock can then be bought later at a lower price, returned to whom it had been borrowed from, and a profit can be made in the process.

17) The BSE was controlled totally by the brokers in the 1990s. It could even open at midnight to change prices at which trades had happened to help certain brokers.

18) The cars on the road were primarily Premier Padmini, Ambassador and the Maruti. India hadn’t seen an explosion in a choice in car models.

19) Levis Jeans hadn’t made an appearance in India until then, though Debashis’s character is shown wearing them in the series. It was launched in India in 1995.

20) There is a scene in the second episode of the Scam 1992, in which a newsreader is seen saying that this year’s budget has a deficit of Rs 3,650 crore for which no arrangements have been made (or as the newsreader in the series said, jiske liye koi vyawastha nahi ki gayi hai). The reference was to the financial year 1986-87.

Given that the makers of the series have stuck to details of that era as closely as possible, I was left wondering if the Rs 3,650 crore number was correct or made up. I went looking for the budget speech of 1986-87 made by the then finance minister Vishwanath Pratap Singh, and found it.

This is what Singh said on page 32 (and point 168) of the speech: “The proposed tax measures, taken together with reliefs, are estimated to yield net additional revenue of Rs 445 crores to the Centre. This will leave an uncovered deficit of Rs 3650 crores. In relation to the size of our economy and the stock of money, [the deficit is reasonable and non-inflationary.”

The number used in the series is absolutely correct. Hence, the makers of the Scam 1992, have gone into this level of detailing.

But the point here being that back then, the government monetised the fiscal deficit. It simply asked the Reserve Bank of India (RBI) to print money and hand it over to the government to spend. This was stopped in 1997.

To conclude, the key dialogue in the series, which keeps getting made over and over again is, risk hai to ishq hai. The inference being only if you take high risk in the stock market do you earn a high return. The trouble, as was the case in 1992 and as is now, just because you take high risk in the stock market (or anywhere else in life) doesn’t mean you will end up with a high return. Investors who hero worshipped Mehta in the 1990s learnt that the hard way.

Investors still continue to learn this basic principle of the stock market, the hard way.

Not everything has changed.

Sensex record high: When the bull met an old-time investor

bullfightingVivek Kaul  
So your horns are shining,” he said.
“Yes,” said the bull “with the BSE Sensex at an all time high and all that.”
“You must be really happy today?”
“Yes. Its taken me nearly six years to get there,” replied the bull. “The last time the Sensex reached these levels was in early January 2008.”
“Yes, I know. Its been a tough ride.”
“But why are you so sad?” asked the bull. “I don’t see any champagne bottles lying around.”
“You know the first time I invested in the stock market was in late 1991.”
“Ah, seems like you are old timer,” said the bull. “Your white hair should have told me that.”
“And I made a few good gains. Got my friends and family to invest as well.”
“Yes, yes. That’s a good thing to do. If there is a good deal going, no harm in friends and family also benefiting a little.”
“Then on April 23, 1992, it all came crashing.”
“Oh, what happened?” asked the bull.
Arre Harshad bhai‘s game came to an end.”
“Harshad who?”
“Ah. You are a bull. How come you have never heard of him?” he asked.
“So tell me then.”
“Harshad Mehta.”
“Ah. Now I remember. My father used to tell me about him. He was the Big Bull among us small bulls.”
“Yes. That’s what they called him when he drove around in his Lexus. He was the Amitabh Bachchan of stock brokers.”
“Oh, really?” asked the bull.
“But then his luck ran out. All he had been doing was siphoning off money from the banking system and investing it into the stock market.”
“And that drove up the market?”
“It sure did. The system finally caught up with him. And a huge number of cases were filed against him. He died on December 31, 2001, in a jail in Thane. At that time a decision had been made in only in one of the many cases that had been filed against him.”
“You must have lost a lot of money?”
“Yes, I did. But then I told myself, only if I had got out at the right time I would have made a lot of money.”
“Yes, that is the trick,” said the bull.
“And then in 1994, a lot of new companies started hitting the stock market with their initial public offerings (IPOs). And my brother-in-law had become a broker by then.”
“That’s cool.”
“And he asked me to put some money in these companies and I did.”
“You must have surely made money there. IPOs are a sure shot way of making money,” said the bull.
“Actually I did not. These companies simply took the money and disappeared. I guess no one ever made a proper estimate of how much money was looted. But it must have run into thousands of crores,” he said.
“Oh, so you have been bitten by the stock market, twice.”
“Then I took a break from the stock market and decided to go back to the good old fixed deposit.”
“But fixed deposits are boring,” jeered the bull.
“Oh, sure they are,” he replied. “But they ensure safety of capital.”
“And you never invested in the stock market after that?”
“Well I held out till 2000.”
“Then what happened?”
“I saw everyone around me making money in what came to be known as K-10 stocks.”
“Yes, I have heard of K-10,” said the bull. “Some of those stocks are still around.”
“So K-10 stocks were stocks which were a favourite with the broker Ketan Mehta.”
“Yes, another Big Bull.”
“These included stocks were Aftek Infosys, DSQ Software, Global Telesystems (GTL), Himachal Futuristic Communiations Ltd (HFCL), Ranbaxy Labs, SSI, Silverline, Satyam Computers, Pentamedia Graphics and Zee Telefilms.”
“Some of these names are still around.”
“Yes, they are. Also, around the same time the dotcom boom was also on. Hence, the price of information technology stocks was also going through the roof.”
“Yes, I remember that. I was just starting my innings in the stock market then,” said the bull.
“So someone told me there is this company called Infosys, you should invest in that.”
“And you did?”
“Yes I did. And this time I decided to do some research.”
“Yes, research is a must before investing in the stock market,” said the bull, making another motherhood statement.
“The stock price had shot up from around Rs 2000 (Rs 10 paid up) in January 1999 to Rs 12,000 (Rs 5 paid up) in March 2000.”
“Massive returns.”
“Yes. I knew that the stock was overpriced.”
“But you still bought?”
“Yes. Well I thought I was smarter than the others and would be able to find a greater fool to unload my shares on.”
“And that did not happen?” asked the bull.
“No, it did not. And I was stuck with huge positions in IT stocks. In fact, I found a beautiful explanation of how big a fool I was in a book called Stocks to Riches written by stock broker Paragh Parikh. Parikh wrote “In the financial year 2000, Infosys reported revenues of Rs 882 crore. If we were to compound this figure at 85% annually for 10 years (as some people believed the growth would continue), then in 2010, Infosys would report revenues of a staggering Rs 4,14,176 crore. At that time, assuming a market capitalisation of 100 times revenues (similar to what Infosys was quoting at its peak), it would put Infosys’ value at $9.2 trillion. The GDP of the US was around the same figure!””
“Oh, freak.”
“That was how stupid the Infosys trade was at that point of time.”
“True.”
“The system also caught up with Ketan 
bhai. He was also siphoning off money from banks and investing it into the stock market. So after this I decided enough is enough, and retired from the stock market. I placed all my money in fixed deposits, post office savings schemes and some of it went into real estate.”
“And you lived happily ever after?” asked the bull.
“Only bulls can do that,” he replied.
“Then?”
“Well the market started to rally again sometime in 2003. But I managed to resist for a few years. Then one day, my brother in law, who had become an insurance agent by then, came to me.”
“And then?”
“He told me, 
ke boss, forget stock market, too much risk. You should try this new product called unit linked insurance plan (Ulip).”
“And you invested?”
“Not immediately. I resisted for a while. But finally I took the plunge in January 2008.”
“Ah, not the best time to invest.”
“Yes.”
“But now with the Sensex crossing its previous all time high, your investment must be in positive territory again.”
“Nah. It took me two years to figure out the Ulip structure, it was so complicated. My brother in law was paid a huge commission for selling me the Ulip. That commission was recovered from me as a premium allocation charge. Then there were other charges like policy administration charge, and what not. So my investment is still in the red.. Only insurance agents made money of Ulips.”
“That’s sad,” said the bull.
“Yes, it is,” he replied. “Hopefully, I should be able to stay away from the market from now on.”
“But who are you?”
“Oh, I didn’t tell you,” he replied. “I am the Indian retail investor who lives in perpetual hope. 
Wo subah kabhi to aayegi.
This article originally appeared on www.firstpost.com on November 1, 2013
(Vivek Kaul is a retail investor who has been religiously continuing with his SIPs since 2006 in the hope that he will make money one day. He tweets @kaul_vivek) 

Rajat Gupta may never have got convicted in India


Vivek Kaul
Rajat Gupta will be spending two years in prison, which will be followed by one year of supervised release (The supervised release starts after a person is released from prison. After the release the individual goes through a period of supervision in the community. You can read the complete definition here). Gupta will also have to pay a fine of $5million.
Gupta, a former managing director of management consultancy McKinsey & Company, who happened to marry the only girl in his IIT Delhi batch, and a member of the boards of Goldman Sachs and Proctor and Gamble, had been accused of passing on sensitive board room information to hedge fund manager Raj Rajaratnam. The information leaked by Gupta turned out to be enormously profitable stock tips for Rajaratnam. Rajaratnam is currently serving 11 years in jail for securities fraud.
The Securities and Exchange Commission (the stock market regulator in the United States) had filed an administrative civil complaint on March 1, 2011, against Gupta for insider trading with Rajaratnam who ran the Galleon Group of hedge funds. The case from start to finish lasted for a period of around twenty months. The dispensation of justice was fast and quick and it did not take a life time as it does in India.
Take the case of Lalit Narayan Mishra who was the Cabinet Minister for Railways. On January 2, 1975, Mishra was in Samastipur to declare open the broad gauge railway line between Samstipur and Muzaffarpur. A bomb exploded and he was seriously injured. He died the next day.
The case against the accused is still on, thirty seven years later. Eight people were accused in the case. One has of them has since died. As Gurcharan Das writes in India Grows At Night–A Liberal Case for a Strong State “The case against the accused dragged on for thirty-seven years…Meanwhile, thirty one of the thirty-nine witnesses for the defence had died gravely prejudging the case…No less than twenty-two different judges had heard the case over the years. The trial was still going in 2012.”
And there are other cases in which justice is delivered after a generation has passed in the meanwhile. In 1992, four teams of government officials landed up in the adivasi village of Vachathi in search of the sandalwood smuggler Veerapan. On not finding him there the government officials accused the villagers of harbouring Veerapan. The officials took 18 teenage girls from the village into the forest where they were stripped and raped. 133 villagers were arrested and put in jail as well.
Justice was delivered only 19 years later. As Das writes “On the sweltering afternoon of 29 September 2011, principal district judge S Kumarguru began to hand out sentences. There was a hushed silence in the packed courtroom in Dharmapuri, Tamil Nadu. He began at 3.30pm but could not finish until 4.40pm because he had to read aloud punishments awarded to 215 government officials. Among those convicted were 126 forest officials, 84 policemen and five revenue officials. Seventeen were convicted of rape and they received prison sentence from seven to seventeen years; others received from one to three years on counts of torture, unlawful restraint, looting and misuse of office.” Fifty four accused had died in the meanwhile.
Since delivery of justice takes so long, frivolous cases are filed to cut short promising careers. S Nambi Narayanan’s case is a very good example of the same. Narayanan was a senior official in charge of the cryogenics division of the Indian Space Research Organisation. In 1994, he was accused of espionage. The Central Bureau of Investigation (CBI) concluded as early as 1996 that the entire case was a fabrication. The National Human Rights Commission ordered an interim compensation of Rs 10 lakh for Narayanan in 2001. The Kerala government got a stay against this order. The stay was finally vacated by the high court on September 7, 2012. In the meanwhile a lifetime had passed. (You can read the complete details of the case here).
The system is also used to their advantage by those who do not like the idea of working. The famous case of Uttam Nakate a helper at Bharat Forge illustrates this point. Nakate was found sleeping at the workplace at 11.40am in the morning in early 1984. This was the fourth occasion this had happened. The company started proceedings against him under the Industrial Employment Act, 1946, found him guilty and dismissed him.
Nakate then appealed to the Maharashtra labour court and challenged his dismissal under the category of an unfair trade practice. The labour court directed that Nakate be taken back and at the same time also be given 50% of his wages. The company then appealed to an industrial tribunal which struck down the decision of the labour court. Nakate then went to the Bombay High Court which decided in his favour and also directed the company to pay him Rs 2.5 lakh. The case finally made its way to the Supreme Court which ruled in the company’s favour. The two judges on the case said “we cannot say the quantum of punishment imposed was wholly disproportionate to his act of misconduct”. If all this would have happened in a period of 20 months or so as it did in Gupta’s case in the US, things would have been fine. By the time the Supreme Court decision came in 2005, two decades had passed.
But the people who gain the most from the way our judicial system has evolved are the politicians. Take the case of former telecom minister Sukh Ram. In 1996, the CBI had seized Rs 3.6 crore from his official residence which he had collected as a bribe in awarding a telecom contract.  The case dragged on for years and Sukh Ram was finally found guilty in late 2011, nearly a decade and a half later. By this time Sukh Ram was 85 years old and in hospital.
“If this happened in the case of Cabinet ministers, where was the hope of justice for an ordinary person? But former chief justice of the Supreme Court J.S.Verma had a different take. He claimed that although Article 21 of the Constitution guaranteed a speedy trial to every citizen, in reality the status of the person did matter. A powerful person with connections or money could speed up or delay the justice system to suit his needs,” writes Das.
Look at what happened to the Ruchika Girhotra case. The accused SPS Rathore got out of the courtroom smiling in December 2009, after a six months sentence was announced and he got bail immediately.
The late Harshad Mehta is another brilliant example of the system gone wrong. The scam he was running on the Bombay Stock Exchange was revealed in 1992. He died of a heart attack in a Thane jail on the last day of 2001. When he died Mehta was facing trial in 28 cases but had been convicted only in one case which involved the use of funds to the tune of Rs 30 crore belonging to the Maruti Udyog being used in the stock market. All the other cases were pending.
The economist Bibek Debroy carried out a project for the government in the 1990s and found out that nearly 2.5 crore cases were pending in Indian courts. This number has gone up to 3.2 crore since then. Debroy found that it takes up to twenty years to settle a dispute. And it would take nearly 324 years to settle all the cases. Debroy further suggested that a major reason for the huge number of cases was the fact that a large number of laws were simply obsolete. As Das writes “He also concluded that 500 out of the 3500 central laws were obsolete and needed to be scrapped, and half of the 30,000 state laws as well.”
But this was not a major reason for the large number of cases in the Indian court. “The main culprit of the judicial delay was the government, which appealed all judgements automatically and proceeded to lose them again in the higher courts. This crowded out the private individual. The problem lay in the fact that the decision to litigate was made at the lowest level in the bureaucracy but the decision not to litigate was made at the highest level. If this process were simply reversed, government litigation would come down,” writes Das. So for the burden on the Indian judicial system to come down, the tendency of the government to litigate left, right and centre, also needs to come down.
Now let’s get back to Rajat Gupta. What would have happened to Rajat Gupta if he was accused of a similar wrong doing in India? Being at the position that he is he could have easily influenced the judicial system. The case would have dragged on for 20 years. And by the time it would have reached the Supreme Court, Rajat Gupta, like Sukhram now, would have been 85 years old by then and more or less lived his life. Gupta is around 64 years old now.
Of course all this would have happened only assuming that Gupta would have been taken to court for what he did. Passing on stock tips to fund managers isn’t really a big deal in an Indian context. Harshad Mehta who carried out a far bigger scam than what Gupta has been accused of in the United States (actually it’s not even a comparison) got convicted in only one case between 1992 and 2001. And even that wasn’t one of the main cases. And what ever happened to Ketan Parekh and his scams? Look at Sahara and the excuses it keeps coming up with for not paying back the Rs 24,000 crore it owes to its 3 crore investors, the latest one being that 90% of its investors do not have bank accounts. This, despite being directed by the Supreme Court to payback its investors. Even their latest excuse doesn’t quite work. When the Sahara collected the money even then their investors mustn’t have had bank accounts? So if it could collect the money, it should also be able to return it.
What all this tell us is that India is a weak state which cannot enforce things. Das summarises it best when he writes “Weak enforcement is at the heart of a weak state in which the most vulnerable and the weakest are its chief victims.”
The article originally appeared on www.firstpost.com on October 26, 2012. http://www.firstpost.com/business/rajat-gupta-may-never-have-got-convicted-in-india-503668.html
(Vivek Kaul is a writer. He can be reached at [email protected])