Adani Debate: India's Top Lawyers In Epic Face-Off | The Debate With Arnab Goswami

In what could be called one of the most epic legal debates over the Adani Group-US Court matter so far, two Senior Lawyers - Mahesh Jethmalani and C Aryama Sundaram engaged in a logical and to-the-point argument on Republic TV. Speaking during the 'Super Prime Time Max With Arnab' mediated by Arnab Goswami, Editor-in-Chief, Republic Media Network, the two doyens of the legal world presented interesting, diabolically different, yet factual views on the Adani-US Court saga so far.

They were apt, logical and sharp. Discussing the allegations by the US Department of Justice against Gautam Adani, his nephew Sagar Adani and Adani Green Energy MD Vneet Jaain, C Aryama Sundaram started the debate by accepting the fact that none of the Adanis were charged under the US Foreign Corrupt Practices Act (FCPA), however, opined that the case mandated a probe in India. Jethmalani, on the other hand, dismissed the US Court's allegations as 'conspiracy'.

“The FCPA is concerned with corruption involving American officials or within the United States. Adani has not been indicted for the corruption of any American official. Frankly, if he were, it would not concern me as much. What does concern me is that he has been indicted for securities fraud based on allegations of corruption involving Indian government officials. That, in my view, is very serious,” Sundaram said.

A Conspiracy Which Never Came To Fruitation: Mahesh Jethmalani

Responding to the questions raised by Sundaram, Mahesh Jethmalani said that none of the charges in the indictment carried any evidence of the actual bribery payment. Jethmalani said, “This is a conspiracy that never came to fruition—if there was a conspiracy at all. There are five charges, and none of them mention any actual payment. That’s either an amendment, a misstatement, or something missing.”

“The case, as it stands, is one of conspiracy to commit securities fraud in America. In short, that’s what the case is about,” he added.

Mahesh Jethmalani also pointed out that the indictment of the Adani Group members does not claim any ‘actual’ bribery. “Among the five specific charges, none of them state that actual bribery was involved. None of them. Even they don’t seem to know whether it was actually actualised. I am saying, that unless there is evidence to explain this, there is no strength in the indictment. And those interpreting it need to point out the evidence.”

Would Love To Believe That Govt Official Worked Without Bribe: Sundaram

Sundaram insinuated to Jethmalani that he would love to believe that Adani went to government officials and his bribe was refused but still the work was done. “I would love to believe that the bribe was offered and refused but the contract was signed anyway. I'd love to believe it. This is why I started by saying we need to have an investigation in India,” Aryama Sundaram sarcastically remarked.

Sundaram further said, “We must know if there are government officials who say no, I will not take a bribe but will still sign the contract. I wanted it to be stated to the world what a clean country India is, which is why I'm saying... I started with that (sic).”