Adani bribery case: What arrest warrant by US court could mean for Indian tycoon

Gautam Adani, Chairman of Adani Group and one of the world’s richest people, has been indicted for bribery and fraud by a United States federal court. The Adani Group has dismissed the charges levelled by the US prosecutors as “baseless”. Amid reports that an arrest warrant has been issued in the US for Adani, India Today breaks down the step-by-step legal processes and the likely scenarios involved in the case.
An indictment is a formal legal accusation made by a grand jury. This does not mean the accused is guilty but indicates there is enough evidence for charges to be brought forward. In this case, prosecutors presented evidence to a grand jury, which found probable cause to charge Gautam Adani with specific offences under US federal law.
Key elements of the indictment include:
It’s important to note that an indictment is just the beginning of a legal battle, not a declaration of guilt.
Once an indictment is filed, the prosecutor (typically a US Attorney) asks the court to issue an arrest warrant.
Under US law, courts issue arrest warrants unless there’s a strong expectation that the accused will voluntarily appear in court. If the accused is seen as cooperative, the court may issue a summons instead, requesting their appearance. If the court believes Adani is cooperating or unlikely to flee, it may issue a summons instead. Adani’s lawyers may negotiate for this option.
High-profile cases, such as Adani’s, often involve sealed warrants to prevent the accused from fleeing. Sealed warrants remain confidential until law enforcement agencies are ready to act.
The process of arrest depends on the location of the accused. Within the United States, agencies like the FBI or US Marshals execute the warrant immediately.
Outside the United States, the case becomes more complex. The US authorities could seek an Interpol Red Notice, alerting law enforcement worldwide or diplomatic channels would be used for extradition proceedings to be initiated, requiring cooperation from the Indian government under the US-India extradition treaty.
Indictments involving foreign nationals, such as Adani, are often sealed initially to prevent tipping off the accused. Reports suggest that Adani’s legal team was aware of the indictment prior to its public revelation, indicating coordination with US authorities. This could mean either a sealed indictment or a summons was issued, pending further legal developments.
For the US to bring Adani to trial, extradition is key. The US has jurisdiction ONLY over crimes that occur on US soil or against US citizens. For extradition to take place, the alleged crime must be considered illegal in both the US and India.
Apart from that, the US must present sufficient evidence to Indian authorities. The Indian authorities would then evaluate the request under domestic laws and the treaty’s terms, and Indian courts may be tasked with conducting hearings to decide if the evidence supports extradition.
Extradition can be denied under certain conditions, such as if the charges are political, human rights concerns exist, or the evidence is insufficient.
Once arrested or if Adani voluntarily appears, he would undergo an arraignment, a formal court process where the charges are read out and the accused enters a plea of “guilty” or “not guilty.”
If the case proceeds, it would lead to a trial where prosecutors must prove guilt beyond a reasonable doubt.
The issuance of an arrest warrant against Gautam Adani would underscore the seriousness of the charges filed by the US court. While an indictment establishes probable cause, the procedural steps ahead, including the execution of the arrest warrant and arraignment, will reveal more about the trajectory of this high-profile case. Whether through extradition or voluntary court appearance, Adani’s legal battle in the United States is set to draw global attention.