SC dismisses Jacqueline Fernandez's plea in Rs 200 crore money laundering case

The Supreme Court on Monday (September 22) dismissed a plea by Bollywood actress Jacqueline Fernandez seeking quashing of a Rs. 200 crore money laundering case that involves alleged conman Sukesh Chandrasekhar.

Fernandez, in her plea, filed through advocate Sumeer Sodhi, has challenged the Delhi High Court’s order dismissing her petition seeking quashing of the Enforcement Case Information Report (ECIR) in the money laundering case.

Fernandez is an accused in the money laundering case and has appeared before the Enforcement Directorate (ED) for interrogation.

"We will not interfere at this stage," a bench of Justices Dipankar Datta and Augustine George Masih told senior advocate Mukul Rohatgi, who represented Fernandez.

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'Vijay Madanlal Choudhary' judgment

Rohtagi submitted in the court stating that the prosecution argues that Fernandez should have been more careful while accepting gifts from Sukesh.

Responding to the argument, Justice Dutta referred to the 'Vijay Madanlal Choudhary' judgment and upheld the constitutional validity of several provisions of the Prevention of Money Laundering Act ("PMLA").

"The allegation is that it was given to you as a gift. Nothing has been proved. At the stage of framing of charges, you have to accept what is the allegation. We appreciate that the law is such that anyone can be involved,” said Justice Dutta.

“Take it as, they were two very close friends and now if one friend gives something to the other friend, ultimately if it is found that the other person is involved in a predicate offence, it will be very difficult. That's why we say, Vijay Madanlal has considered this part and we are bound by that,” he added as quoted by Live Law.

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‘Not a case of unknowingly’

Rohtagi responded, saying that the 'Vijay Madanlal Choudhary' judgment also states that the offence of abetment has to be committed 'unknowingly' and referred to Section 3 of the PMLA.

However, Justice Dutta responded, saying that it was not a case of “unknowingly” adding that the petition may be withdrawn and the petitioner can approach the Court at the appropriate stage.

"Dismissed with liberty to approach the Court. The observations made in the impugned judgment were only for the purpose of disposing of the petition. At the time of framing of charges, the special court shall be at liberty to hear the petitioner and pass the order,” stated the top court.

Delhi Police booked Chandrasekhar for allegedly duping the spouses of former promoters of Ranbaxy, Shivinder Singh and Malvinder Singh of Rs 200 crore.

(With agency inputs)