NEW DELHI, June 29 — Senior Advocate Vikas Pahwa on Monday said the recent order of US District Judge Nicholas Garaufis seeking additional information from the US Department of Justice (DOJ) in the Adani case is a routine procedural exercise and should not be seen as a setback to the government’s request to dismiss the indictment. Speaking to ANI, Pahwa said the court has merely sought additional material before passing a final order and has listed the matter for July 13 after granting a short adjournment.
“This is a routine issue. The judge, while considering the application, has asked for some additional information and fixed the matter after a short interval.
That is a completely normal judicial procedure,” he said. Pahwa said the judge has not declined the DOJ’s request and has instead followed the standard legal process by seeking further clarification. “The court has not rejected the application for cancellation of the indictment.
It has only issued a notice, sought additional information and fixed the matter for July 13. Once the reply is filed, the court will consider it and pass an appropriate order,” he said.
Explaining the legal position, Pahwa referred to Rule 48(a) of the US Federal Rules of Criminal Procedure and said the discretion to seek dismissal of an indictment primarily lies with the government. “The government has the authority to seek dismissal of an indictment, subject to obtaining the leave of the court. That is exactly what has been done in this case,” he said.
While acknowledging that the court technically has the power to reject such a request, Pahwa said that would happen only in exceptional circumstances. “The court can reject the application if it finds it to be completely baseless, collusive or against a significant public interest.”
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