New Delhi, Sep 7 The Supreme Court on Monday gave Chinese national Guangwen Kuang, accused in a money laundering case against Chinese smartphone maker Vivo, one month to approach the country consulate to furnish a guarantee that he would come back to India to face trial.
A bench comprising Justice Sanjay Kumar and Justice Sanjeev Sachdeva was hearing a plea filed by Kuang challenging an order of the Delhi High Court which denied him permission to travel abroad.
"All we need is a guarantee that you will come back...Why don't you ask your consulate to support you and give a guarantee as they did in the other case? the bench told the counsel appearing for the Chinese national.
Kuang's lawyer told the apex court that he has already submitted the medical certificates from the Chinese hospitals.
Additional Solicitor General SV Raju appeared for the Enforcement Directorate.
In his plea before the High Court, Kuang sought permission to travel to Guangzhou, China solely on account of the critical medical condition of his 82-year-old father, who has suffered a right cerebellar haemorrhage with multiple life-threatening complications and is presently on continuous life support.
Kuang, an employee of Vivo Mobile Communications, had submitted that the medical condition of his father has further deteriorated and the he wishes to be with him during what may be the final days of his life.
It was contended that the request is founded purely on humanitarian considerations.
While denying him permission, the High Court had said that it was conscious of the humanitarian circumstances.
"However, while considering an application seeking permission to travel abroad during the pendency of criminal proceedings, humanitarian considerations alone cannot be determinative. The Court is required to balance such considerations with the interest of justice and the necessity of securing the presence of the accused throughout the proceedings.
"Another significant factor which cannot be ignored is the admitted position that no extradition treaty exists between India and the People’s Republic of China. In such circumstances, the apprehension expressed by the prosecution that the applicant may not return to India cannot be brushed aside as merely speculative. If the applicant fails to return, the possibility of securing his presence before the learned Trial Court would become highly uncertain," the HC had said.
The anti-money laundering agency had raided the company and people linked to it in July last year and claimed to have busted a major money laundering racket involving Chinese nationals and multiple Indian companies.
The ED had then alleged a whopping Rs 62,476 crore was “illegally” transferred by Vivo to China in order to avoid paying taxes in India.
