'Can't pass ex-parte interim order now': Delhi HC issues notice on ED's plea against trial court order releasing Vivo India executives

New Delhi: The Delhi High Court on Tuesday issued notice on the Enforcement Directorate's (ED) plea challenging the trial court order freeing three top executives of Chinese smartphone-maker Vivo's India unit, saying that as they have already been released, no ex parte interim order can be passed at this stage.

Vacation judge Shirish Agrawal of Patiala House Courts had on December 30 granted the trio -- Vivo India interim CEO Hong Xuquan, Chief Financial Officer Harinder Dahiya, and Consultant Hemant Munjal, all arrested in a money laundering case -- relief after they were produced on expiry of their one-day ED custody.

The high court said that had been there a situation where the three were not released, it would have been inclined to pass an interim order.

"Since the respondents/individuals have already been released in pursuance of the impugned order, no ex-parte ad-interim orders can be passed. However, keeping in view the urgency in the present matter, notices be issued to the respondents," it said and listed the next hearing in the matter for Wednesday.

The trial court had allowed their application challenging the arrest and subsequent custody, directing their release upon furnishing bail bonds of Rs 2 lakh each. The accused, who were arrested on December 22 last year, contested the legality of their arrest, claiming it exceeded the stipulated 24-hour period before being produced before the court.

Senior counsel Siddharth Agarwal had argued that this delay rendered their arrest and custody illegal, asserting their right to consequential release. Despite the ED's argument that the accused joined voluntarily and without objection, the court sided with the defence.

The ED's plea for judicial custody was rejected, citing the need for adherence to legal protocols.

While the ED insisted on continuing the investigation, the court's order mandates the release of the accused, stressing the importance of legal procedures in handling such cases.

The arrests were made months after four accused -- Lava International MD Hari Om Rai, Chinese national Guangwen alias Andrew Kuang, and chartered accountants Nitin Garg and Rajan Malik -- were arrested on October 10 last year.

On December 20, the court took cognisance of the charge sheet filed by the financial probe agency naming the four accused, and summoned the accused, who are in judicial custody, on February 19.

A source told IANS that the arrests were made after the ED carried out searches at the premises of the four accused and recovered cash to the tune of Rs 10 lakh. The ED action came more than a year after it carried out searches at 48 locations across the country at premises belonging to Vivo Mobiles India Private Ltd and its 23 associated companies, including Grand Prospect International Communication Pvt Ltd (GPICPL), and claimed that it has busted a major money laundering racket involving Chinese nationals and multiple Indian firms.

According to the ED, Vivo India was incorporated on August 1, 2014 as a subsidiary of Multi Accord Ltd, a Hong Kong-based company, and was registered at the ROC Delhi. GPICPL was registered on December 3, 2014 at ROC Shimla, with registered addresses of Solan, Himachal Pradesh, and Jammu.

The PMLA investigation by the ED was initiated by registering a money laundering case on February 3, 2022 on the basis of an FIR registered at the Kalkaji police station in the national capital by Delhi Police against GPICPL, its director, shareholders and certifying professionals, etc., on the basis of a complaint filed by the Ministry of Corporate Affairs.