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The Supreme Court today (September 7) granted one month to Guangwen Kuang, an executive of Vivo Mobile Communications, to approach the Chinese Consulate to furnish a guarantee that he would come back to India to face prosecution after visiting his ailing father in China. 

Kuang,who is facing prosecution under the Prevention of Money Laundering Act, approached the Court after the Delhi High Court refused to permit him to travel to Guangzhou, China, to see his 82-year-old ailing father. 

A bench comprising Justice Sanjay Kumar and Justice Sanjeev Sachdeva heard the matter. Appearing for Kuang, the counsel submitted that he is merely an employee. At the outset, Justice Kumar said the Court is willing, but it needs a guarantee that he will come back: "All we need is a guarantee that you will come back and [face prosecution]...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[your consulate] that your father is 82 and ailing. Without a guarantee...You want to leave the country without semblance of a guarantee?...You can [continue] having video calls with your father."

He added: "We will adjourn the matter, you take a guarantee from the consulate."

Kuang's counsel further submitted that he has already provided the medical certificates from the Chinese hospitals. He sought if the Respondents could verify the medical condition of the applicant's father, it would make the process a little easier.

To this, Justice Kumar orally remarked: "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 regards to certificates being issued at the right price."

The Delhi High Court on 9 July 2026 refused permission, citing the alleged proceeds of crime, his status as a Chinese national and the absence of an extradition treaty or Mutual Legal Assistance Treaty between India and China. Against this, he approached the Supreme Court seeking permission to travel to China.

Case Details:  GUANGWEN KUANG ANDREW Vs DIRECTORATE OF ENFORCEMENT|SLP(Crl) No. 16385/2026
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