Delhi HC directs Vivo executives to not leave country, furnish undertaking

The Delhi High Court on Wednesday directed three executives of Chinese smartphone manufacturer Vivo’s India unit not to leave the country and told them to furnish an undertaking in the money laundering case against them.

The court asked the executives, who were given bail in the case in December, to report to the Enforcement Directorate (ED) office every Monday and Friday till January 11, which is the next date of the hearing. They have also been told to file their response to ED’s petition against a trial court order of December 30, 2023, which granted their release.

The three executives arrested by the ED in December last year are CEO of Vivo India Hong Xuquan, Chief Financial Officer Harinder Dahiya, and consultant Hemant Munjal.

The HC on Tuesday had noted that the three of them were already released and issued notice on the ED’s plea.

The trial court had noted that the accused were not produced before the court concerned (magistrate) within 24 hours of their arrest (December 21), as is required by law, and ordered their release. The court said the arrests were ‘illegal and void’ and directed the accused to furnish personal bonds of Rs 2 lakh. The court also put certain conditions on them such as not tampering with evidence, not leaving India without the court’s permission, and surrendering their passports in the court.

The ED on January 2 filed an appeal against the order of the trial court releasing the accused. It told the trial court that the accused may ‘tamper with evidence and influence witnesses’.

In October last year, the ED arrested four persons, mobile company Lava International's MD Hari Om Rai, Chinese national Guangwen alias Andrew Kuang, and chartered accountants Nitin Garg and Rajan Malik, in connection with the case.