Mumbai: The Bombay High Court dismissed a petition alleging corruption in awarding a contract to Adani Power for the supply of 6,600 MW of bundled renewable and thermal power, terming the allegations “vague and unsubstantiated.” The court imposed a cost of Rs 50,000 on the petitioner, directing payment to the Maharashtra State Legal Services Authority.
Petitioner, Shriraj Nageshwar Aepurwar, had claimed the contract violated the fundamental right to access electricity at fair rates under Article 21 of the Constitution. It was alleged that the former Chief Minister had engaged in corrupt practices while awarding the public contract.
However, the bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar found no merit in the claims. The bench remarked: “Filing such a writ petition containing unsubstantiated and reckless averments runs the risk of sometimes even good causes being lost.”
The petitioner referred to the recent indictment of Gautam Adani by the United States Department of Justice, alleging that Adani orchestrated a bribery scheme to influence Indian government officials. The court rejected this argument, stating that the petitioner failed to substantiate the allegations. “The submissions cannot be accepted merely on the basis of charges filed in a US court,” the judges noted.
The court observed that the petitioner was not a participant in the tender process leading to the award of the contract to Adani Power. Further, the petitioner filed a writ petition instead of a public interest litigation (PIL), which the court deemed inappropriate. Even if treated as a PIL, the court emphasized the need for proper evidence to support such serious allegations.
The bench also pointed out that the petition was “bereft of any substantiating and supporting material” and contained “absolutely bald and vague allegations, which do not persuade us to entertain the same.”
When the petitioner argued the plea was not filed in personal interest, CJ Upadhyay orally remarked: “There’s a hidden agenda. Merely by crying scam… doesn’t impress us.”
Adani Power won the 25-year contract by quoting Rs 4.08 per unit, nearly a rupee lower than the state’s current procurement cost. Supplies are expected to begin within 48 months from the award of the letter of intent.
