US has not yet informed India about Gautam Adani's arrest warrant in bribery case: Sources

International Desk

The US has not yet informed India about the arrest warrant for Gautam Adani in the bribery case. US authorities have not yet informed their Indian counterparts about the arrest warrant issued against industrialist Gautam Adani on bribery charges, sources told India Today TV. For any legal action taken within India, including execution of arrest warrants, US authorities are required to inform the Ministry of Home Affairs in India. The Home Ministry can then direct the relevant federal agencies to act on the request.

Additionally, the Mutual Legal Assistance Treaty (MLAT) between the two countries allows cooperation in criminal investigations. Through this treaty, US officials can formally request India's assistance in collecting critical evidence, including financial records, communications or testimony from individuals associated with the case. MLAT provisions also enable asset seizure and authentication of important documents.

However, extradition is a lengthy judicial process that requires scrutiny by Indian courts to ensure that the request adheres to Indian legal and constitutional standards. Even if Indian courts approve the extradition, the final decision rests with India, considering both the legal and diplomatic implications.

If Adani travels to a third country without strong extradition protections, the US could explore deportation options through diplomatic negotiations. However, deportation largely depends on the host country's willingness to cooperate.

The indictment against Adani includes allegations of bribery and misleading US investors through fraudulent financial disclosures to win solar power contracts in India. If US authorities want to bring Adani to the US to face law, they are expected to invoke the India-US extradition treaty. Under this agreement, the US will have to present concrete evidence linking Adani's alleged actions to violations of US law and demonstrate the impact of their jurisdiction.

Arrest warrants have also been issued for Adani and his nephew. Prosecutors plan to turn the warrant over to foreign law enforcement. India Today exclusively obtained details of the arrest warrant, which was opened on October 31, 2024. Earlier, senior advocate Vijay Aggarwal, in an exclusive interview to India Today TV, told that the indictment does not mean that the accused is guilty. Aggarwal said, “Just because there is an arrest warrant, it does not mean that they ( Adani will be arrested and the warrant will be executed in India. This is not a James Bond film.”

The US Justice Department has accused Adani, his nephew and six others of paying bribes worth USD 265 million (Rs 2,029 crore) to Indian government officials to secure solar power contracts with state power distribution companies. The bribes were allegedly paid between 2020 and 2024. Adani Group has rejected the allegations as “baseless” and said it will deal with the matter legally.