Senior lawyer Harish Salve described the court order on the US DOJ’s decision to drop charges against Adani Group as a ‘normal process’. He said that in the American legal system, the decision to withdraw the case rests with the prosecuting agency.
Harish Salve explained the American legal process
Senior lawyer Harish Salve has described as ‘a very ordinary process’ the order of US District Judge Nicholas Garoufis, in which reasons have been sought for the US Department of Justice (DOJ)’s decision to drop charges against Adani Group Chairman Gautam Adani and Adani Green Energy Limited Executive Director Sagar Adani. Salve said the American legal system gives the prosecuting agency the primary control over whether to proceed with a case.
Speaking in an exclusive Zoom interview with ANI from London, Salve said that the DOJ, which initiated the case, has now moved the court to dismiss the case and it only needs to explain the reasons for its decision.
Salve said, “This is a very normal process. DOJ is the prosecuting agency. They prosecuted and now have applied to dismiss the case. Since the case is before the court, the court can ask for reasons. That’s exactly what happened here.”
He explained that although the court is entitled to seek clarification before passing an order, the US legal framework gives the Justice Department significant discretion in deciding whether to continue or drop a case. He said, “Unlike Indian courts, which exercise a great deal of control over decisions to drop a case, the American system is different. The DOJ has cases under its control. They decide whether to prosecute or not.”
According to Salve, the court seeking additional reasons should not be seen as an extraordinary event. “They will be asked the reason, they will give the reason, and the matter will end there,” he said.
What is the whole matter?
Judge Nicholas Garoufis had recently directed the Justice Department to show cause in support of its request to dismiss the charges against Gautam Adani and Sagar Adani, only after which a decision would be taken on the application. The case is now listed for further proceedings. (ANI)
(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)