The Supreme Court of India has granted Vivo executive Guangwen Kuang a month to secure a guarantee from the Chinese Consulate ensuring his return to India if allowed to visit his critically ill father in Guangzhou. This development comes in the backdrop of Kuang’s ongoing prosecution under the Prevention of Money Laundering Act (PMLA). The case, titled Guangwen Kuang @ Andrew v. Directorate of Enforcement, restricts his ability to leave the country.
A Bench comprising Justices Sanjay Kumar and Sanjeev Sachdeva deliberated on Kuang’s appeal against the Delhi High Court’s decision, which had denied his request to travel to China. The High Court had cited the gravity of the allegations, the substantial amount involved in the alleged crime, Kuang’s foreign nationality, and the lack of an extradition treaty between India and China as reasons for its decision.
Senior Advocate N Hariharan, representing Kuang, contended that the right to travel, a component of Article 21 of the Indian Constitution, should not be influenced by nationality or the absence of an extradition agreement. Despite this argument, the Supreme Court emphasized the necessity of a guarantee for Kuang’s return. “All we need is a guarantee that you will come back and stand the prosecution,” the Court articulated, further suggesting that Kuang should seek such assurance from the Chinese Consulate.
The Court remarked, “Why don’t you ask your Consulate to support you and give a guarantee, as they did in the other case? You are a Chinese national. Tell them that your father is 82 and ailing.” The Bench also noted the availability of video calls as a temporary solution for familial communication.
Hariharan questioned whether the Consulate could independently verify the medical condition of Kuang’s father, supported by hospital documentation. In response, the Court acknowledged the credibility of Chinese medical institutions, stating, “Chinese hospitals are at par with Indian hospitals; that benefit of doubt we will give them. They are a lot more disciplined than we are in regard to certificates being issued for the right price.”
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The Court adjourned the hearing to allow time for Kuang to obtain the necessary guarantee. The Enforcement Directorate (ED) was represented by Additional Solicitor General SV Raju and Special Counsel Zoheb Hossain during the proceedings.
