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Adani US Case: Take Legal Action Against Those Misrepresenting Facts And Harming India, Says SC Lawyer

Individuals using an agenda for personal gain, driven by foreign company interests, should face accountability and legal action, Supreme Court advocate Ashwani Dubey said.

<div class="paragraphs"><p>(Photo source: Vijay Sarpate/NDTV Profit)</p></div>
(Photo source: Vijay Sarpate/NDTV Profit)

The US indictment on Adani Group associates does not have key points to prove bribery allegations, according to Supreme Court advocate Ashwani Dubey. Individuals using an agenda for personal gain, driven by foreign company interests, should face accountability and legal action, he told NDTV Profit.

Earlier on Wednesday, Adani Green Energy Ltd. issued a statement denying any violations of the US Foreign Corrupt Practices Act, which had been widely reported in the media.

"The jurisprudence of bribery requires specific allegations against the giver, the taker, and the favour involved," Dubey said. "In this indictment, those three essential elements are missing. If US prosecutors have filed a case, there should be specific details regarding the role played by Gautam Adani and his nephew, but those are completely absent," he added.

In the indictment filed by US prosecutors, critical details such as names, the purpose of the alleged act, the amount involved, and when it was delivered are all missing. "It is, therefore, just an allegation. Prima facie, it lacks substantiation with concrete evidence or data," he said.

"You cannot just pick allegations part—what the Indian media and International media have done. This appears to be a deliberately agenda-driven exercise, where the freedom of speech granted by the Constitution has been selectively used to obstruct India's economic growth," Dubey stated.

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He emphasised that India is one of the fastest-growing economies in the world, and those who do not wish to see India succeed will attempt to target it in various ways.

"Those who are targeting India must recognise that these allegations are unsubstantiated by any evidence. No judgment can be made based solely on allegations, and these remain mere claims without any supporting proof. A legal response will address them appropriately," he concluded.

The clarification from Adani Green Energy also pointed out that the FCPA charges against Gautam Adani, Sagar Adani, and Vneet Jaain were not there, asserting that the earlier media reports about FCPA violations were incorrect. The company's official statement confirmed that the three directors are not charged with any FCPA violations or conspiracy to obstruct justice. The charges, as per the US Department of Justice’s indictment, focus on alleged securities fraud conspiracy, wire fraud conspiracy, and securities fraud, with no involvement in the FCPA-related counts.

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