The supreme court (SC) on monday refused to stay money laundering proceedings against actress Jacqueline Fernandez.
The case involves alleged conman Sukesh Chandrashekhar and a total amount of Rs 200 crore.
Fernandez had sought relief against a delhi high court order that dismissed her plea to quash the proceedings.
The sc granted her the liberty to approach the court at an appropriate stage but did not stay the trial.
Arguments Presented by Fernandez
Senior advocate Mukul Rohatgi, representing Fernandez, argued that:
Chandrashekhar was reportedly infatuated with Fernandez and sent her gifts.
There is no direct allegation that she helped launder the Rs 200 crore.
Observations made by the high court in its judgment should not influence the ongoing trial.
Supreme court Observations
Justice Dipankar Datta stated:
Allegations involve gifts from Chandrashekhar.
Nothing has been proved yet; at the stage of framing charges, the accused must accept allegations.
Cited the Vijay Madanlal judgment, highlighting that even if gifts were exchanged between close friends, involvement in a predicate offence can still lead to liability under the PMLA.
Rohatgi countered that the Vijay Madanlal judgment emphasizes that offences of abetment must be committed “unknowingly” (Section 3, PMLA).
Justice Datta noted this is not a case of “unknowingly” and suggested withdrawing the plea so Fernandez could approach the court later.
High Court’s Earlier Decision
Fernandez had moved the delhi high court seeking the quashing of:
The Enforcement Directorate’s (ED) ECIR.
The second supplementary complaint names her as the tenth accused.
The high court dismissed her plea on July 3, observing:
Fear of self-incrimination cannot lead to the quashing of the ECIR.
Statutory and constitutional protections are already in place for assessment.
Background of the Case
Fernandez is an accused in the money laundering investigation involving Chandrashekhar.
She has appeared before the ED for questioning.
Chandrashekhar was booked by the delhi Police for allegedly duping the spouses of former Ranbaxy promoters, Shivinder Singh and Malvinder Singh, of Rs 200 crore.
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