Li Xiongwei, CEO of Huawei Telecommunications (India), on Friday while responding to the Income Tax Department’s position to his bail plea told a Delhi court, “I am a Chinese (national) and not a terrorist.” His line came in reference to Shah Rukh Khan’s line in movie, My name in Khan, where he had said, “My name is Khan and I am not a terrorist.”
The remark was made by Li’s lawyer Vijay Aggarwal in the court where the I-T department had asked to rejected his bail plea, reported The Economic Times.
As India does not have an extradition treaty with China, if the Huawei India CEO leaves the nation, it would ‘be very difficult’ to bring him back, the I-T department told the court in an affidavit, adding that the investigation is not yet complete, reported ET.
The department posted the affidavit after Li filed a plea seeking to quash a look-out circular issued against him.
A look-out circular, or LOC, prevents a person from travelling abroad. It is used by authorities to prevent accused people from leaving the country; the person generally finds out about such curbs at the airport.
Li’s lawyer, objecting to the department’s circular, said that it was ‘disturbing’ that the department was opposing the CEO’s bail in a bailable offence, ET reported.
LOC issued against Li is a ‘misuse of power’, Aggarwal claimed, adding that it can only be issued for a cognisable offence, while the CEO’s offence is non-cognisable.
The I-T department said that the LOC against Li was “correct and as per the provisions of law,” adding that there are “no grounds for LOC to be revoked in the present scenario,” the ET report stated.
The “rights of an individual needs to be balanced with safeguarding the interest of the prosecuting and investigating agencies. Foremost in the present case would be the economic interest of the country,” the department’s affidavit added.
The court said that it would have to examine safeguards to ensure that the Huawei India CEO returns to India if he is allowed to visit China. The court added, “What if tomorrow he flies (to China) and never returns?” quoted the newspaper.
The court will pronounce its decision next week, as the bench enquired about Li’s salary and asked his lawyer to ensure that sureties, both Indian nationals, are arranged by that time, reported ET.
The court also enquired about Li’s relatives and assets in India.
Li’s counsel has volunteered seven-day advance intimation to the department before leaving the country, ET reported.
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