Delhi High Court Dismisses Jacqueline Fernandez's Plea in Money Laundering Case

New Delhi, Jul 4 (PTI) — The Delhi High Court has dismissed Bollywood actor Jacqueline Fernandez's plea arguing that the Enforcement Directorate (ED) followed a "pick and choose" policy in a notable money laundering case. This case, also involving alleged conman Sukesh Chandrasekhar, led to an FIR against Fernandez, which she sought to quash.

The actor referenced television celebrities such as Nikki Tamboli, Chahatt Khanna, and Sophia Singh, asserting that these individuals also received gifts from Chandrasekhar but were not pursued under the Prevention of Money Laundering Act (PMLA). Justice Anish Dayal, addressing this point, ruled against Fernandez's plea on July 3. The court order noted, while the concept of parity might be relevant during bail proceedings, it doesn't apply to quashing an FIR because doing so would erase the Enforcement Case Information Report (ECIR) against the petitioner.

"Whether the investigating agency chose a pick and choose policy or decided not to proceed against others based on the case merits is not an issue before this court," stated the court's 95-page verdict. It further added that Fernandez can raise this issue at a more appropriate legal stage.

Consequently, the court rejected her petition, which called for quashing both the ECIR from August 8, 2021, and the second supplementary complaint from August 17, 2022. Among her claims, Fernandez pointed out that other actors met Chandrasekhar in Tihar jail and received gifts from him; she also mentioned that a relative of actor Nora Fatehi was given a luxury car by Chandrasekhar.

According to Fernandez's plea, despite these facts, the ED has not classified these individuals as accused, highlighting what she termed as "disparate treatment." However, the ED's counsel argued that Fernandez did not deny receiving gifts valued at Rs 7.12 crore from Chandrasekhar, with additional gifts worth Rs 1.12 crore sent to her sister in Sri Lanka. These were noted as sufficient grounds to initiate money laundering proceedings, linking her to the proceeds of crime.

The High Court, while reviewing cases Fernandez cited, clarified that such cases pertained to bail under the PMLA rather than quashing an ECIR. "The issue of parity may be considered for bail but not for quashing the ECIR," the court ruled.

Fernandez remains an accused in the money laundering case connected to Chandrasekhar and has participated in ED questioning sessions. The Delhi Police had previously alleged that Chandrasekhar scammed Rs 200 crore from the spouses of former Ranbaxy promoters, Shivinder and Malvinder Singh.

Continued investigations relate to Chandrasekhar’s involvement in various other cases nationwide. Together with his wife, Leena Paulose, Chandrasekhar faces money laundering proceedings from the ED and has previously been arrested by the Delhi Police. They are accused of using hawala networks and establishing shell companies to conceal the proceeds of their alleged crimes.

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