Is PM Modi’s Government Protecting Adani From US Legal Heat?
The United States Securities and Exchange Commission (SEC) has informed a federal court in New York that Indian authorities have failed to serve legal summons to billionaire Gautam Adani and his nephew Sagar Adani, despite formal requests submitted under the Hague Service Convention.
The SEC’s letter, dated June 27, 2025, submitted to Magistrate Judge James R. Cho in the Eastern District of New York, stresses its ongoing and painstaking efforts to effect service of process in a civil securities fraud case filed last year.
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The defendants, both Indian nationals and key figures in the Adani conglomerate, stand accused of making materially false and misleading statements in connection with a $265 million bond offering by Adani Green Energy Limited in 2021.
Under normal circumstances, compliance with the Hague Service Convention, to which both the United States and India are signatories, is a matter of routine diplomatic and judicial cooperation.
The Convention facilitates the proper service of judicial and extrajudicial documents across international borders in civil and commercial matters. In this case, however, the Indian government, specifically the Ministry of Law & Justice (MoLJ), has remained inert, despite repeated and formal requests from the SEC dating back to early 2025.
According to the SEC’s latest status report, the Commission has not only made multiple attempts to communicate with Indian judicial authorities but has also sent notices directly to the defendants and their legal counsel.
Yet, as of now, service has not been affected, a fact that has raised eyebrows and stirred speculation about political interference and selective cooperation.
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Veteran public interest lawyer and activist Prashant Bhushan succinctly wrote: “So, Modi govt is not assisting in serving US SEC summons on Adani, despite binding obligations under The Hague Convention. Surprised? Is it a case of Adani in the lap of the govt, or the govt in the lap of Adani?”
So, Modi govt is not assisting in Serving US SEC summons on Adani, despite binding obligations under The Hague Convention. Surprised?
Is it a case of Adani in the lap of the govt or the govt in the lap of Adani? pic.twitter.com/d2ufml9Fyx— Prashant Bhushan (@pbhushan1) June 28, 2025
The original complaint, filed on November 20, 2024, accuses the Adanis of violating U.S. securities laws by allegedly making false and misleading statements tied to a $265 million bond offering by Adani Green Energy Limited in September 2021.
Under Rule 4(f) of the Federal Rules of Civil Procedure, service of process in foreign jurisdictions may be carried out through internationally agreed-upon mechanisms, such as the Hague Convention. While the rule sets no firm deadline, it mandates that reasonable and diligent efforts must be made to effect service.
The coming weeks will be telling. The SEC has pledged to update the court again by August 11, 2025. Whether India will step up and fulfil its obligations remains to be seen.
