The Delhi High Court recently passed an order keeping in abeyance its earlier directions to the Directorate of Revenue Intelligence (DRI) and the Central Bureau of Investigation (CBI) to examine allegations of over-invoicing by power companies belonging to the Adani Group [Centre for Public Interest Litigation and Anr v. Union of India and Ors].

A Division Bench of Justices Suresh Kumar Kait and Neena Bansal Krishna passed the order on January 5 after Adani Power filed an application seeking recall of paragraph 52 of the Court’s judgement pronounced on December 19, 2023.

In that ruling, the High Court had ordered the CBI and DRI to “meticulously and expeditiously” look into the allegations of over-invoicing by power companies belonging to Adani Group, Essar Group and others.

The directions were issued while disposing of public interest litigation petitions (PILs) filed by activist Harsh Mander and NGOs Centre for Public Interest Litigation and Common Cause.

The petitions were filed in the year 2017 and sought the constitution of a Special Investigation Team (SIT) under a retired Supreme Court judge to investigate the allegations.

Adani Power later filed an application bringing to Court’s notice the orders passed by the Supreme Court whereby the appeal filed by the Commissioner of Customs (Import) against Adani Power Maharashtra Power Limited were dismissed on March 27, 2023.

It was stated that the Commissioner of Customs has filed a review plea before the apex court against this order and the same is pending adjudication.

The Court, therefore, said that since the review petition is pending before the Supreme Court, the directions passed with regard to Adani Power shall be kept in abeyance.

“In view of the fact that review petition preferred by the department is subjudice before the Hon’ble Supreme Court; the directions passed by this Court in para 52 of judgment dated 19.12.2023 in respect of M/s Adani Power Maharashtra Limited and M/s Adani Power Rajasthan Limited (now M/s Adani Power Limited) are kept in abeyance awaiting outcome of the said review petitions,” the Court ordered.

Senior Advocates Rajiv Nayar and Vikram Nankani along with Advocates Mahesh Agarwal, Rishi Agarwal, Devika Mohan, Arshit Anand, Ankit Banati, Shraram Niranjan, Abhay Agnihotri, Tarini Khurana, Vikram Choudhary and Prabhav Bahuguna appeared for Adani Power.

Advocates Prashant Bhushan, Neha Rathi, Kajal Giri, Sarim Naved, Saurabh Sagar and Harsh Kumar appeared for Centre for Public Interest Litigation, Common Cause and Harsh Mander.

DRI was represented through Senior Standing Counsel Aditya Singla and Charu Sharma.

Special Public Prosecutor Nikhil Goel along with Advocate Siddhi Gupta appeared for the CBI.

Advocates Ravi Prakash and Ali Khan appeared for the Central government.

[Read Order]