The Government of India has weaponized its judiciary and law enforcement agencies as part of a secret campaign to unduly influence the global arbitration proceedings. In 2016, the Government of India instructed the Central Bureau of Investigation (CBI) draw up a “charge sheet” against former officials and Devas leadership in a bid to instill fear and influence global arbiters of justice.
As the arbitration proceedings commenced, the Government of India tried to use the legally worthless “charge sheet” to argue that the judgments should be set aside due to the “criminal acts” listed on it. The arbitration tribunal in Geneva(1) and an appellate court in the Netherlands(2) dismissed the attempt as meritless because Indian law gives no value to a mere “charge sheet” of allegations that no Indian court has acted upon, substantiated or validated.
Since the “charge sheet” was created, none of the allegations in it have advanced in any courts and no actual charges have been made.
- UNCITRAL Interim Award to Deutsche Telekom, Paragraphs 117-119.
- District Court, The Hague. Commercial Bench. C/09/529140 / HA ZA 17-315. Paragraph 4.63. November 14, 2018.