Charge sheet completely silent, lacks details: Mukul Rohatgi slams 'vague' US indictment

Highlights

Former Attorney General and Senior Counsel Mukul Rohatgi on Wednesday criticised the indictment by a US court alleging bribery charges against the Adani Group, describing it as "completely silent" and lacking specifics.

New Delhi: Former Attorney General and Senior Counsel Mukul Rohatgi on Wednesday criticised the indictment by a US court alleging bribery charges against the Adani Group, describing it as "completely silent" and lacking specifics.

His comments followed a recent filing by Adani Green Energy Ltd. (AGEL) with the stock exchanges confirming that Adani Group Chairman Gautam Adani, his nephew Sagar Adani, and senior executive Vneet Jaain had been cleared of bribery charges by the US Department of Justice (DoJ).

Addressing a press conference, Rohatgi clarified that his views were personal and based on his legal expertise.

"I want to tell you that these are my personal legal views. I'm not a spokesman for the Adani Group. I am a lawyer, and I have been appearing for the Adani Group in several cases. So, I have gone through this indictment by the US court, which is about 54 pages long," he stated.

Rohatgi detailed the charges listed in the indictment, explaining that there were five counts. He emphasised the importance of Count 1 and Count 5 while pointing out that neither Gautam Adani nor Sagar Adani was named in these counts.

"Count number 1, contained in paragraphs 124 onwards, is against certain other persons minus the two Adanis. It includes some of their officers and one foreign person. That is the conspiracy to violate the Foreign Corrupt Practices Act (FCPA), somewhat similar to the Prevention of Corruption Act in India. In that count, the Adanis are not named, though their officers are," he said.

"There are two or three other counts relating to securities and bonds. In these, the Adanis and others are named. In the last count, which is very important, relating to obstruction of justice, the Adanis are not named, their officers are not named, but certain other people, including a foreign party, are mentioned. It is unclear whether they are connected to the Adanis," he further elaborated.

Questioning the lack of specifics in the indictment, Rohatgi said, "When you look at a charge sheet, you have to be specific to say that so-and-so has done such-and-such act."

"This charge sheet alleges that these people, including the 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 detail in the charge sheet as to who has been bribed, in what manner, or which department the official belongs to. This charge sheet is completely silent," he said.

Expressing scepticism about how such allegations could be addressed, Rohatgi added, "I don't know how one can respond to these kinds of charge sheets. I am sure the Adanis will seek legal opinions, including from American lawyers."

Speaking to IANS separately, he reiterated, "There are two counts in the indictment where the Adanis are not mentioned, while there are three where they have been mentioned. However, the details of who was bribed, how, why, and where are lacking in the vague charge sheet."

The AGEL, in its filing, has cited the news reporting by various media houses on the bribery and corruption charges against Adani Officials as 'Incorrect'.

"Media articles which state that certain of our directors namely Mr Gautam Adani, Mr Sagar Adani and Mr Vneet Jaain have been charged with violation(s) of the US Foreign Corrupt Practices Act (FCPA) in the indictment. Such statements are incorrect," said the statement filed by Adani Green Energy Ltd.

"Mr Gautam Adani, Mr Sagar Adani and Mr Vneet Jaain have not been charged with any violation of the FCPA in the counts set forth in the indictment of the US DOJ or civil complaint of the US SEC," it added.

In a legal indictment, count refers to individual charges against a defendant.

The DoJ Indictment, which has five counts, does not have any mention of and has excluded Gautam Adani, Sagar Adani or Vneet Jaain in Count One: 'Conspiracy to Violate the FCPA'; neither does it have mention of these three names in Count Five: "Conspiracy to obstruct justice."