On Saturday, a Delhi court granted bail to three executives of Vivo-India who had been detained by the Enforcement Directorate (ED) earlier in December in connection with a money laundering case. The court’s decision was based on the observation that the accused were not presented before the court within 24 hours of their arrest, rendering their “custody illegal.” The executives—Chinese national and interim CEO Hong Xuquan alias Terry, Chief Financial Officer Harinder Dahiya, and consultant Hemant Munjal—claimed they were arrested on December 21, not December 22 as recorded by the ED.
Despite granting bail, the court imposed a condition that the trio must report to the ED’s office daily until January 3. This decision came after the ED expressed concerns that the accused might tamper with evidence and influence witnesses. The ED intends to challenge this order before the Delhi High Court soon after the court resumes sessions on January 3, citing fears of evidence tampering. The court dismissed the ED’s concerns as “bald averment” but imposed the reporting condition. The ED is expected to reference a recent Supreme Court judgment supporting a Delhi High Court ruling in a similar matter related to the Prevention of Money Laundering Act.
The executives sought bail, arguing that they were arrested on December 21, and since they were not produced in court within 24 hours, their arrest was “illegal and not sustainable in law.” The ED countered this claim, asserting that the accused were formally arrested and presented before the court within the stipulated 24-hour period. The court, in its order, deemed the accused to have been arrested on December 21, given their lack of liberty to return home for sleeping and meals. It declared their custody illegal due to the failure to produce them before the court within 24 hours and directed them to furnish personal bonds, not tamper with evidence, surrender passports, and follow other specified conditions.
The ED had previously conducted raids on Vivo-India and related entities, alleging involvement in a significant money laundering racket. The agency claimed that Vivo-India had illegally transferred Rs 62,476 crore to China to evade taxes in India.
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