Former Attorney General of India and Senior Counsel Mukul Rohatgi and Rajya Sabha MP & Senior Advocate Mahesh Jethmalani Wednesday defended industrialist Gautam Adani and his nephew Sagar Adani, saying that the indictment of the US court does not talk about any bribery in India, there is no evidence of the act, and the timing is very suspicious.
Earlier today, the Adani Group Energy Limited (AGEL) refuted bribery allegations made by the US Department of Justice and the US Securities and Exchange Commission against the Group’s founder and Chairman Gautam Adani, his nephew Sagar Adani and MD CEO Adani Green Energy Vineet Jaain, in a filing with the stock exchanges. In its filing, AGEL has cited media reports on the alleged bribery and corruption charges against Adani officials as “Incorrect”.
Speaking to reporters, Jethmalani said as far as the indictment is concerned, it was very sketchy and the timing is very suspicious as it has come just before the eve of the Parliamentary session.
He said, ”No offence is alleged in the indictment against any of the Adanis or Adani Greens…There is not a single piece of evidence in this indictment, nor has the Congress party, who today has again asked on an adjournment motion for discussion, given any evidence as to why any infractions of Indian law were concerned.”
He said even the indictment of the US court does not talk about any bribery in India. ”It only says there was a conspiracy to bribe. There is no violation of the Foreign Corruption Prevention Act in India…The case is only one that there was some intention, a conspiracy, a scheme to bribe Indian officials, but there is no evidence that it was carried out. It is not even suggested that it was carried out in India…”
The top lawyer said ”This adjournment motion and all this noise which the Congress party has made is completely misconceived…What is the evidence which proves that there was any conspiracy to bribe Indian officials to get these solar energy contracts?”
He said there is nothing in the indictment. He further said that the Congress is relying blindly on an indictment against an Indian conglomerate which has undertaken useful businesses for India abroad and it is trying to undermine them.
”…I repeat, there is no case of any bribery in India in that indictment. Congress is reading too much into this indictment and they are doing it for purely political purposes…,” he stressed.
Former AG Rohatgi said that he has gone through this indictment by the US court.
”My assessment is that there are five charges or five counts. It is important to note that counts one and five are more important than the others, but neither in Count 1 nor in Count 5 is Mr Adani or his nephew charged.”
The senior counsel made clear that these were his personal legal views.
He stressed that “I am not a spokesman for the Adani Group. I am a lawyer and have been appearing for the Adani Group in several cases.”
“Count number 1 of the indictment is against certain other persons minus the two Adanis. It includes some of their officers and one foreign person…The first allegation is that there is a conspiracy to violate the Foreign Corrupt Practices Act framed by the US Parliament. In that, the Adanis are not named, their officers may be named,” the former Attorney General of India said.
Further, he stated, “There are two or three other counts ( individual charges against a defendant) relating to securities and bonds. In those three counts, the Adanis and others are named…This is a charge sheet alleging that these people, including Adanis have bribed Indian officials in Indian entities relating to the supply and purchase of power, but I do not find a single name or a single detail in the charge sheet as to who has been bribed, in what manner has he been bribed and the official belongs to such and such department. This charge sheet is completely silent, so I don’t know how one can respond to this kind of chargesheets…”
Rohtagi stated that Adani was named under two counts that were related to security and bonds.
“It is like a charge sheet under the Indian penal laws. Count one is against certain other persons minus the two Adanis… That is the ‘Conspiracy to Violate the Foreign Corrupt Practices Act,’ called the ‘FCPA,’ similar to the ‘Prevention of Corruption Act’ in the Indian Parliament. So the first allegation is that there is a conspiracy to violate the FCPA framed by the US Parliament. In that the Adanis are not named.”
”Then there are two other counts related to security and bonds in which Adani and others are named. In the last count, which is a very important count relating to obstruction of justice. In that count, namely count number five, the Adanis are not named,” he added.
Rohatgi also pointed out that the charge sheet does not provide specific details about any alleged bribery and that the document does not give specifics of who had done the act or who has been bribed.
“These are my personal views. In the end I would like to say something that has been troubling me. When you look at a charge sheet, you are specific to see that so-and-so has done such an act, so-and-so has bribed certain individuals, as this is a charge sheet that alleges that these people, including Adani, have bribed Indian officials in Indian entities related to the supply and purchase of power. But I do not find a single name or details in the charge sheet as to who has been bribed and in what manner they have been bribed, and an official belongs to such and such department. This charge sheet is silent,” Rohatgi added.