Benjamin A Gianforti Says Judge’s Request In Gautam Adani Case Is Part Of Normal Legal Process

US District Judge Nicholas Garaufis has directed the Department of Justice (DoJ) to provide a fuller explanation for its decision to withdraw criminal charges against Gautam Adani and Sagar Adani.

US-based lawyer Benjamin A Gianforti said the court’s request falls within the normal legal process and does not indicate that the prosecution will continue.

Gianforti explained that Rule 48(a) of the Federal Rules of Criminal Procedure requires the government to obtain the court’s permission before dismissing an indictment. He said the rule allows judges to review whether the government has sought dismissal for a legitimate purpose.

Benjamin A Gianforti emphasised that judges cannot reconsider the prosecution’s decision or substitute the court’s judgment for that of the Department of Justice.

Instead, judges ensure that the government files the dismissal request in good faith and follows the required legal procedure.

Gianforti added that Judge Garaufis has every right to seek additional information, particularly because the Department of Justice provided very little explanation in its original filing.

Responding to questions on whether the judge could reject the DoJ’s request, Gianforti said such an outcome is theoretically possible but extremely rare in practice. He noted that even if dismissal were initially refused, prosecutors could simply discontinue the case, eventually leading to its closure.

Gianforti expects the Department of Justice to submit a detailed letter to the court before the 13 July deadline, outlining the reasons for its decision. He believes the response will likely refer to the defence’s submissions filed on 24 June, alongside the government’s own legal assessment, before the court considers formally dismissing the case.

Also Read: Chris Man Says US Judge’s Order In Gautam Adani Case Is Only A Procedural Step