The Karnataka High Court has rejected a plea for the extension of the visa of a Chinese woman whose Indian husband is implicated in a case of financial fraud involving the creation of multiple companies to operate mobile financial services and gaming businesses.
The Chinese national, Hu Xiaolin, 40, approached the high court earlier this year with a plea to direct MHA officials to extend her India visa along with that of her minor daughter. She also sought a bar on any legal proceedings in the event of a visa denial.
A single judge of the Karnataka HC rejected the plea last week citing precedents where Chinese nationals have been denied visa extensions since this is a matter of the prerogative of the Government of India.
“Having heard the learned counsel appearing for the parties and having perused the petition papers, this Court declines indulgence in the matter in as much as in substantially a similar fact matrix, relief of the kind has been denied to a Chinese national like the petitioner…” Justice Krishna Dixit observed.
“Learned counsel for the petitioner is not in a position to answer the question of court as to how similarly placed Indian nationals are treated in the Republic of China. It is a matter of common knowledge world over that India treats… foreign nationals coming to its territory with due deference. History is replete with such instances, which hardly need to be mentioned,” the HC added.
Advocates for Hu Xiaolin had argued that she was not linked to the financial crimes where her Indian husband is accused and that investigations were still underway which would require Hu Xiaolin to remain in India with a valid visa. She also sought to travel to China with her child to see her ailing elderly parents.
Anas Ahmed, the Indian husband of the Chinese woman, is accused by the CID Cyber Crime police in Bengaluru and the Directorate of Enforcement in separate cases of fraud and money laundering through multiple financial services businesses operated with his associates.
He is accused of using 13 different companies and mobile applications to cheat the public of crores of rupees.
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According to statements made in local courts by the Karnataka Police since the filing of cases against Anas Ahmed and others in the Chinese loan app case, the accused received over Rs 290 crore from 13 companies through fraudulent deposit and loan schemes. As many as 600 bank accounts are linked to the accused in the scam.
The Karnataka Police said that Anas Ahmed has been accused of committing crimes against the country and that cases have been filed in Mumbai, Gujarat, Delhi, and Uttar Pradesh as well.
“The accused in collusion with China-based persons managed to open accounts in different places and by taking control of the said accounts is cheating the public,” investigating agencies told the courts.
The ED filed a case under PMLA this year against Anas Ahmed and two of his business ventures after a session court allowed the registration of a special case on the basis of a private complaint filed in court by the ED.
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