The US District Court for the Eastern District of New York is not expected to derail the Department of Justice’s move to drop the Adani indictment, according to Senior Advocate Vikas Pahwa. Speaking to ANI on Monday, Pahwa described the court’s recent order as a routine procedural step, not a setback. The judge, Nicholas Garaufis, has asked for additional information from the DOJ and adjourned the matter to July 13.
For Indian business circles watching the Adani case, the distinction matters. The indictment, filed by the DOJ last year, has cast a long shadow over the conglomerate’s international deals.
Pahwa stressed that the court has not rejected the DOJ’s request. “It has only issued a notice, sought additional information and fixed the matter for July 13,” he said. “Once the reply is filed, the court will consider it and pass an appropriate order.” The legal mechanism at play is Rule 48(a) of the US Federal Rules of Criminal Procedure.
Pahwa explained that the government holds the primary discretion to seek dismissal of an indictment. The court’s role is to grant leave, not to block it without cause.
“The government has the authority to seek dismissal of an indictment, subject to obtaining the leave of the court,” he said. “That is exactly what has been done in this case.” This is not a novel situation. US courts routinely request more documentation before signing off on a government motion to dismiss.
Pahwa described it as “completely normal judicial procedure.” The judge has not declined the DOJ’s application. He has simply asked for more clarity. Can a judge ever reject such a request?
Yes, but only in exceptional circumstances. Pahwa listed those: if the motion is “completely baseless, collusive or against a significant public interest.” None of those conditions appear to apply here.
The DOJ’s own request to drop the case signals that the government sees no merit in proceeding. The Adani group has consistently denied all allegations. The indictment, filed in November 2024, accused executives of bribing Indian officials to secure energy contracts.
The DOJ later moved to dismiss the case, a decision that surprised some legal analysts. Pahwa’s comments suggest the dismissal is on track.
For Indian investors, the July 13 date is the next marker. If the court grants the DOJ’s motion, the indictment will be formally cancelled. That would remove a major legal cloud over the Adani group’s US operations.
It would also close a chapter that has drawn intense scrutiny from opposition parties in India. Pahwa did not speculate on the timeline beyond July 13. He noted that once the DOJ files its response to the court’s request, the judge will rule.
“That is a routine issue,” he said. “The judge, while considering the application, has asked for some additional information and fixed the matter after a short interval.” The case has been closely followed in India.
The Adani group is a major player in ports, energy, and infrastructure. Any legal trouble in the US ripples through domestic markets. The stock of Adani Enterprises fell sharply after the indictment was unsealed last year.
It has since recovered some ground. Pahwa’s analysis offers a counterweight to alarmist readings of the court’s order.
A request for more information is not a rejection. It is a standard part of the adversarial process. The DOJ has already decided it wants out.
The court is now deciding whether to let it out. That decision is expected on July 13. Until then, the case remains open.
But the trajectory is clear. The DOJ wants to drop the indictment.
The court has not said no. It has only asked for more paperwork. For the Adani group, that is as good as it gets at this stage.
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