"Abuse Of Process": Bombay High Court While Dismissing Plea Against Adani Green Energy In 'Bribery' Case

In a major respite for Adani Group's— Adani Green Energy Ltd., the Bombay High Court on Friday (March 27) dismissed a plea which sought a probe by the Central Bureau of Investigation (CBI) into the allegations made against the company for allegedly paying crores of bribes to secure solar power contracts across several States in India.

A division bench of Chief Justice Shree Chandrashekhar and Justice Suman Shyam noted that the petitioner Jitendra Maru, heavily relied on the documents, which are part of a proceedings pending in the Eastern District Court in New York.

"This writ petition is clearly an abuse of the process of the Court. The petitioner who states that his right to put the criminal justice system in motion is recognised in law has failed to provide any justification for not approaching the Court in the last about one decade when someone had allegedly tried to indulge in some unethical practices. This writ petition has been filed on the basis of the newspaper report which published the order passed by the US Court," the bench said in the order.

The bench opined that Maru, a social activist by profession, failed to establish his bona fides.

"The petitioner has no locus to file this writ petition and he has not approached the Court with clean hands. This writ petition does not serve any public purpose. Rather, a petition like the present one causes serious harms and is likely to cause harm to the reputation and business prospects of any Corporate group," the 5-page order authored by Chief Justice Chandrashekhar, reads.

According to the petitioner, the Ministry of Renewable Energy had formed a body in the name of Solar Energy Corporation of India to explore the possibility of increasing use of renewable energy in India and different State Governments entered into power purchase agreements for distribution of electricity to the consumers. He claimed that in 2020, Adani Green Energy entered into a conspiracy with Azure Global Ltd. which also claimed to generate solar power to procure contracts by using 'unlawful means.'

Maru contended that these Corporate groups created a Multi Million Dollar Pension Funds for the purpose of 'bribing' several unknown government officials. The scheme allegedly involved an agreement to pay over Rs 2,000 crore in bribes to officials of the State Power Distribution Companies (DISCOMs) in Maharashtra, Tamil Nadu, Jammu and Kashmir and Andhra Pradesh

Further, Maru claimed that the payments' made were documented and the said 'electronic evidence' was maintained by the Adani Green Energy, which was subsequently, seized by the US Federal Bureau of Investigation and reproduced in proceedings before US courts.

In his plea, Maru also referred to an order passed by the United States District Court, Eastern Court of New York and stated that the Adani Green Energy proposed to pay incentives which was nothing but 'bribe.'

Maru heavily relied on a November 24, 2024 order for Jury Trial, by which a notice was proposed to be given to the defendants who are the Chairman, Executive Director, Managing Director etc. of the Adani Green Energy. He relied on certified copies of a US Department of Justice indictment and also on a parallel Securities and Exchange Commission (SEC) civil enforcement complaint.

However, the judges noted that Maru failed to provide further information provided as to the continuance of any proceedings in the US Court.

Appearance:

Advocate Rajendra Desai, Kunal Bhanage and Akshay Pawar appeared for the Petitioner.

Special Public Prosecutor Amit Munde and Advocate Jai Vohra represented the CBI.

Additional Solicitor General Anil Singh along with Advocates Neha Patil, Aditya Thakkar, Krishnakant Deshmukh, Adarsh Vyas, Rama Gupta and Rajdatt Nagre represented the Union Government.

Additional Public Prosecutor SV Gavand represented the State.

Senior Advocates Harish Salve and Vikram Nankani along with Advocates Rubin Vakil, Ashwin Dave, Rishit Badiani and Gaurav Gangal instructed by AS Dayal & Associates represented RIL.

Case Title: Jitendra Punamchand Maru vs Central Bureau of Investigation (Criminal Writ Petition 6214 of 2025)

Citation: 2025 LiveLaw (Bom) 151

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