The Supreme Court on September 7, gave Vivo executive Guangwen Kuang one month to obtain a guarantee from the Chinese Consulate that he would return to India to face prosecution if allowed to travel to China to visit his ailing father.
A Bench of Justice Sanjay Kumar and Justice Sanjeev Sachdeva was hearing Kuang’s challenge to the Delhi High Court’s refusal to permit his visit to Guangzhou.
Kuang is facing prosecution under the Prevention of Money Laundering Act (PMLA). He sought permission to travel to China to meet his 82-year-old father, who is stated to be seriously ill.
The Delhi High Court had refused permission, taking into account the allegations, the alleged proceeds involved, Kuang’s Chinese nationality and the absence of an extradition treaty between India and China.
During the hearing, Kuang’s counsel relied on humanitarian grounds and argued that he was only an employee. The Bench, however, wanted an assurance that he would return to India.
“All we need is a guarantee that you will come back and face the prosecution.”
The Court suggested that Kuang approach the Chinese Consulate for such a guarantee. When his counsel referred to medical certificates from Chinese hospitals, the Bench said it would accept them.
The Supreme Court adjourned the matter and granted one month to Kuang to obtain the required guarantee from the Chinese Consulate.
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