ED moves Delhi HC against release of Vivo executives in money laundering case

ED moves Delhi HC against release of Vivo executives

The Enforcement Directorate (ED) on January 2 filed an appeal against a Delhi court order which directed the release of three vivo-India executives taken into custody by the Enforcement Directorate in a money laundering case earlier this month.

The case came up before Justice Tushar Rao Gedela of Delhi High Court wherein notice was issued to Vivo's executives. Gedela was holding a vacation court on January 2. It s likely to come up for hearing on January 3, the first working day for Delhi HC in 2024.

On December 30, a court in Delhi court granted the relief to the Vivo executives observing that the accused were not produced before the court within 24 hours of the arrest, hence their "custody was illegal". The trio had claimed that they were arrested on December 21 and not on December 22 as recorded by the ED.

The court of Vacation Judge Dr Shirish Aggarwal at Patiala House, however, imposed a condition that the three -- Chinese national and interim CEO of vivo-India Hong Xuquan alias Terry, Chief Financial Officer (CFO) Harinder Dahiya and consultant Hemant Munjal -- will have to report to the federal agency's office everyday till January 3. This was done on the plea of the ED that told the court that it fears that the accused may "tamper with evidence and influence witnesses" and that it wants to appeal this order before the Delhi High Court soon after the HC opens after winter vacations on January 3.

On December 23, the ED arrested three Vivo-India executives in connection with its money laundering probe against the Chinese smartphone maker and some others.

The company, in a statement, said it was "deeply alarmed by the current action of the authorities." "The recent arrests demonstrate continued harassment and as such induce an environment of uncertainty amongst the wider industry landscape. We are resolute in using all legal avenues to address and challenge these accusations," a vivo spokesperson said.

The Enforcement Directorate had earlier arrested four people -- mobile company Lava International's MD Hari Om Rai, Chinese national Guangwen alias Andrew Kuang, and chartered accountants Nitin Garg and Rajan Malik -- in the case. They are in judicial custody at present.