Laws Of India Cannot Be Made Flexible: Karnataka HC Denies Chinese National’s Plea To Leave India
|The Karnataka High Court denied permission to a Chinese national involved in the ‘Power Bank Scam’ to travel abroad, stating that since laws in China prohibited the exit of a foreign national under similar circumstances, laws of India too cannot be made flexible.
The Court dismissed a petition filed by a Chinese national (petitioner) to modify the bail conditions to allow her to travel abroad. The Bench noted that if petitioner was permitted to move out of the shores of the nation, despite several cases pending against her, it would be equivalent to “permitting her to flee justice and create a dent in the majesty of law.”
A Single Bench of Justice M. Nagaprasanna observed, “The petitioner being a Chinese national is undoubtedly aware of the law that prevails in China in treatment to a foreign national or an alien, as described in its laws. If laws in China prohibit such exit of a foreign national under the aforesaid circumstances, laws of India cannot be made flexible on any score whatsoever, as it is a case of a Chinese national who is involved in multiple crimes. Therefore, if petitioner is permitted to move out of the shores of the nation, despite plethora of crimes pending against her, it would become impossible to conclude trial, as it would be permitting her to flee justice and create a dent in the majesty of law.”
Advocate Suhaib Fazeel M. represented the petitioners, while HCGP Harish Ganapathi appeared for the respondents.
The petitioner was married to an Indian national and had been residing in Bangalore since her arrival in India in 2017. She became involved in a plethora of criminal cased after a complaint was registered against her husband by Razorpay Software Private Limited, under Section 420 of the IPC and Section 66D of the Information Technology Act, 2008. Consequently, the Cyber Crime Police conducted searches at her premises and office, resulting in the seizure of various documents, including her passport and identity cards, and her subsequent arrest.
The petitioner, currently out on bail, sought the relaxation of her bail conditions to visit her country. The request was previously denied by the Trial Court and affirmed by a coordinate bench of the High Court.
During the hearing, it was argued that the petitioner was also accused in another case in Kerala, involving the illegal stay of Chinese nationals on expired tourist visas, which were allegedly converted to medical visas using forged medical certificates.
“The crimes are so intricate that the investigation is still on and the Police have not yet been able to file the charge sheet, as it is a scam that travels beyond the shores of a particular State. Crimes are registered both in Kerala and Karnataka and if the petitioner is allowed to go out of the shores of the nation for the purpose that is projected, this Court would be permitting the petitioner to flee investigation or trial,” the Court remarked.
The Court stated that allowing the petitioner to travel abroad would make it impossible to conclude trial, thus permitting her to “create a dent in the majesty of law.”
Consequently, the Bench held that “seeking permission to travel abroad does not merit any consideration.”
Accordingly, the High Court rejected the criminal petition.
Cause Title: Hu Xiaolin v. The State Of Karnataka & Ors.