US judge's order is normal procedural step, DOJ will explain reasons and matter should end there: Harish Salve
New Delhi /London, June 29
Senior Advocate Harish Salve has described US District Judge Nicholas Garaufis' order seeking reasons from the US Department of Justice for its decision to drop charges against Adani Group Chairman Gautam Adani and Adani Green Energy Ltd Executive Director Sagar Adani as a "very normal procedure," saying the American legal system gives the prosecuting agency primary control over whether a case should continue.
Speaking with ANI in an exclusive Zoom interview from London, Salve said the DOJ, having initiated the prosecution, has now moved the court seeking dismissal of the case and is only required to explain the reasons for its decision.
"This is a very normal procedure. The DOJ is the prosecuting agency. They brought the prosecution and have now applied for dismissal of the case. Since the matter is before the court, the court can ask for the reasons. That is exactly what has happened here," Salve said.
He explained that while the court is entitled to seek an explanation before passing an order, the US legal framework gives significant discretion to the Department of Justice in deciding whether to continue or discontinue a prosecution.
"Unlike the Indian courts, which exercise much greater control over decisions to withdraw a prosecution, the American system is different. The DOJ is in control of the cases. They decide whether to prosecute or not prosecute," he said.
According to Salve, the court's request for additional reasons should not be viewed as an extraordinary development.
"They will be asked for the reason, they will give the reason, and that will be the end of the matter," he said.
Judge Nicholas Garaufis had recently directed the Department of Justice to provide reasons supporting its request to dismiss the charges against Gautam Adani and Sagar Adani before taking a decision on the application. The matter is now listed for further proceedings.
— ANI
Reader Comments
Honestly, I'm tired of these international cases always dragging Indian business leaders through the mud. The US system is fair, and if the DOJ itself is dropping charges, that should be respected. Let the legal process play out without all the sensationalism 🙏.
Salve's explanation makes sense—judges in the US often ask for reasons before a dismissal, especially in high-profile cases. The bigger question is why this case was even brought if it's being dropped so easily. India needs to strengthen its own regulatory mechanisms so we aren't at the mercy of foreign courts.
While I respect Salve's expertise, I wish Indian companies would avoid getting entangled in such legal battles abroad. It creates unnecessary noise and undermines confidence. That said, if the DOJ is dropping charges, there's clearly no merit to the case. Let's move on.
Very pragmatic take from a seasoned lawyer. The US system trusts the prosecuting agency's discretion, unlike India where courts have more oversight. This comparison is useful for understanding why this isn't a big deal. Hope the media moves on to more substantive issues.
Salve is spot-on. As someone who follows US legal procedures, this is standard. The judge just wants a clear record before dismissing. The real story is how the US DOJ decided not to pursue charges—that's what matters for Adani's reputation. Good news for India's energy sector.
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