'Modani ecosystem' deployed 'legal cannons' for Adani's US indictment damage control: Cong

New Delhi, Nov 27 (PTI) The Congress on Wednesday dismissed the remarks of lawyers Mahesh Jethmalani and Mukul Rohatgi on the bribery allegations against billionaire Gautam Adani as an attempt to dilute the seriousness of the charges and said the "Modani ecosystem" is attempting damage control through denial.

Congress general secretary in-charge communications Jairam Ramesh also said this is the moment of reckoning for India's institutions and the Indians who occupy those offices.

History will neither forgive nor forget this moment, he asserted.

"Not surprisingly, the Modani ecosystem has let loose big legal cannons this morning. Now faced with serious action in other countries whose systems it cannot intimidate or erode, the Modani ecosystem is attempting damage control through denial," Ramesh said in a post on X.

'Laughable attempt'

This laughable attempt cannot dilute the seriousness of the charges levelled by US agencies, he asserted.

Also Read: Rahul Gandhi demands Adani’s arrest over US bribery indictment

"There is no escaping the fact that the Department of Justice indictment clearly says that Gautam S Adani, Sagar R Adani, and others 'devised a scheme to offer, authorize, make and promise to make bribe payments to Indian government officials in exchange for the government officials causing state electricity distribution companies to enter into PSAs with SECI' (para 47)," Ramesh pointed out.

"It also says that they 'offered and promised to Indian government officials approximately 2,029 crore rupees (approximately $265 million) in bribes in exchange for Indian government officials causing the state electricity distribution companies to execute PSAs' (para 49)," Ramesh further pointed out.

Furthermore it alleges corruption at the highest levels, saying that Sagar R Adani and Vneet S Jaain "secretly influenced the SECI process for reallocation of the 2.3 GW PPAs to the Indian Energy Company's subsidiary", Ramesh added.

The Solar Enegy Corporation of India (SECI) is a public sector enterprise under the Union Ministry of New and Renewable Energy, he pointed out.

Also Read: Adani, nephew not charged under US Foreign Corrupt Practices Act: Adani Green

Investigations

Ramesh said that by rights, the ED, CBI, and SEBI should be carrying out investigations proactively in the face of these revelations.

It is for them to carry out their obligation to the nation, rather than act as tools of a corrupt political-business nexus, he said.

"This is the moment of reckoning for our institutions and the Indians who occupy those offices. History will neither forgive nor forget this moment.As for our part, we will continue to raise these issues in Parliament and with the people," the Congress leader asserted.

Earlier, speaking with the media, former Attorney-General Mukul Rohatgi said, "At the outset, I must tell you that these are my personal legal views. I have gone through this indictment, by the US court running into some 54 pages. My assessment is, and it is clear that there are five charges, or five counts. It is important to note that count one and count five are more important than others, but neither in count one, nor in five, is Adani or his nephew charged, this is like a chargesheet, which charges individuals for doing specific acts." "So count one mentions the charge against certain other persons, minus the two Adanis, it includes some of their officers, and one foreign person, that is the conspiracy to violate foreign corrupt practices act (FCPA), it is similar to Prevention of Corruption Act in India that was framed by US Parliament," he pointed out.

Also Read:  Adani, nephew not charged under US Foreign Corrupt Practices Act: Adani Green

Then there are two-three counts relating to securities and bonds, in which Adanis are named, he said.

"The last, and very important count, is relating to obstruction of justice, Adanis are not named, their officers are not named, but certain other persons are named, including a foreign party. The Adanis will respond to the chargesheet. I have not seen their responses, they will also respond to stock exchanges," he said.

'Hatchet job'

"I would like to say when you look at the chargesheet, you have to be specific to say so and so has done such an act, has bribed. It was alleged that Adanis have bribed Indian officials in Indian entities related to supply, and purchase of power, but I do not find a single name or detail in the chargesheet as to who has been bribed, and in what manner he is bribed. I don't know how one can respond to this kind of chargesheet," Rohatgi said on the US indictment of Gautam Adani.

Senior advocate and BJP MP Mahesh Jethmalani, also spoke with the media on the US charges against Adani and said that given the nature of the indictment, the sketchy evidence and some very important circumstances, this seems to be a "hatchet job".

"It is obvious now that part of the Democratic deep state apparatus...There are two deep states in America - the Republican deep state and the Democratic deep state. The Democratic deep state has, for some reasons after 2023, turned extremely hostile towards the present government. Coming to the indictment itself, first of all no offence is alleged in the indictment against any of the Adanis or Adani Green," he said.

Adani Group's statement

The Adani Group on Wednesday said Gautam Adani, and his nephew Sagar have not been charged with any violation of the US Foreign Corrupt Practices Act (FCPA) in the indictment that authorities filed in the New York court in the alleged bribery case.

Also Read: Adani indictment: US State Dept declines comment on disruptions in Parliament

They have been charged under securities fraud that involves levy of monetary penalties.

Gautam Adani, founder chairman of the ports-to-energy conglomerate, his nephew Sagar, and another key executive have been charged by the US Department of Justice of being part of an alleged scheme to pay USD 265 million bribes to Indian officials to win contracts for the supply of solar electricity that would yield USD 2 billion profit over a 20-year period.

In a stock exchange filing, Adani Green Energy Ltd -- which is at the centre of the bribery allegations -- said reports saying the three have been charged with FCPA violations "are incorrect". 

(With agency inputs)