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The bench was dealing with public interest litigation (PIL) petitions filed by activist Harsh Mander and the NGOs Centre for Public Interest Litigation and Common Cause
The Delhi High Court has recently kept in abeyance its earlier order directing the Directorate of Revenue Intelligence (DRI) and the Central Bureau of Investigation (CBI) to thoroughly and promptly investigate allegations of over-invoicing by power companies affiliated with the Adani Group, Essar Group, and others.
While dealing with an application filed by Adani Power Limited seeking recall of paragraph 52 of the judgment dated December 19, 2023, the division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna was informed that the Commissioner of Customs had filed a review plea before the apex court against this order, and the same was pending adjudication.
The bench had issued the above direction while dealing with public interest litigation (PIL) petitions filed by activist Harsh Mander and the NGO 'Centre for Public Interest Litigation and Common Cause'.
"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 said in its order dated January 5.
Paragraph 52 of the December 19 judgment reads: In the peculiar facts of these cases, this Court finds it appropriate to direct the respondents to meticulously and expeditiously look into the allegations of the petitioners to unearth actual factual position and take appropriate actions against the erring companies, if any, as per law.
The judgment was passed while disposing of the PILs, filed in 2017, which sought constitution of a Special Investigation Team (SIT) under a retired Supreme Court judge to probe the allegations.
The petitioners leaned on show cause notices from the DRI, dated May 15, 2014, and March 31, 2016, indicating that entities within the Adani and Essar groups were allegedly inflating the value of imported goods to divert funds abroad from publicly listed companies with low or zero duty rates.
Case Title: Centre for Public Interest Litigation and Anr. v. Union of India and Ors.
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