Indian law cannot be made flexible to allow loan app scam accused to visit ailing father in China: Karnataka High Court

When laws in China prohibit exit of a foreign national who has violated laws of that nation, the laws of India cannot be made flexible for allowing exit of a Chinese national, who is involved in a series of crime, for any reason, including to spend time with the ailing father, said the High Court of Karnataka.

Loan app scams

Justice M. Nagaprasanna made these observations while rejecting the petition filed by Hu Xiaolin, 42, who is allegedly involved in a series of Chinese loan app scams known as “Power Bank app scam”, in which customers were coerced and cheated of several crores of rupees in Karnataka and Kerala.

The petitioner, who is one of the accused in seven criminal cases along with her Indian husband, had moved the court seeking permission to go to China for a couple of months to see her 80-year-old bedridden father.

The Central government had pointed out that the petitioner came to India in 2017 on a tourist visa, got married, and got her visa converted to a medical visa on a fake medical certificate issued by the hospital run by her husband in Kerala, and subsequently, the duo were found involved in an app-based multi crore financial scam. Though the court had earlier granted her bail, she has been barred from leaving India and her earlier petitions for relaxation of this condition on different grounds were rejected.

Deputy Solicitor General of India Shantibhushan pointed out to the court that the laws in China prohibits a foreigner facing proceedings for breach of Chinese law from leaving that country. And foreigners having even unsettled civil cases are also not allowed to leave China, the court was informed.

“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,” the court observed.

Also, the court said that “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” if she is permitted to move out of the shores of India, despite the plethora of crimes pending against her.