Delhi HC reserves order on Jacqueline’s plea

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NEW DELHI: The Delhi High Court on Thursday reserved its or der on a petition filed by  Bollywood actor Jacqueline  Fernandez, who has chal lenged the Enforcement  Directorate’s (ED) com plaint against her under  the Prevention of Money  Laundering Act (PMLA),  2002.

The case stems from al legations that Fernandez  received extravagant gifts from alleged conman Suke sh Chandrashekhar, who is at the center of a ₹200  crore money laundering  scandal.

The matter was heard by  Justice Anish Dayal, who  reserved judgment after  detailed arguments from  both sides. Senior Advocate Sidharth Aggarwal,  appearing for Fernandez,  questioned the ED’s basis  for implicating her.

Aggarwal contended  that if financial transac tions with someone later  found guilty of a crime are  enough to trigger money  laundering charges, then  even grocery vendors or  court officials could be  treated as offenders. He stressed the dangers of in terpreting the law in a way  that criminalizes everyday transactions.

Aggarwal also argued  that Fernandez was un aware of Chandrashek har’s criminal background and had no reason to sus pect wrongdoing. “Busi nessmen often have mul tiple cases against them,” he said. “Today, I am pay ing the price of being a ce lebrity,” he added, quoting  Fernandez’s position.Rep resenting the ED, Special  Counsel Zoheb Hossain  emphasized that money  laundering cases under the  PMLA are independent of  investigations into predi cate (scheduled) offences.  He asserted that someone  can be prosecuted under  the PMLA even if they are  not an accused in the underlying criminal case. The ED has maintained  that despite being aware of  Chandrashekhar’s crimi nal record, Fernandez con tinued to accept expensive  gifts, and therefore, cannot  claim ignorance.

Earlier, the agency op posed Fernandez’s request  for quashing the complaint,  stating that her plea was a tactic to delay proceedings. Aggarwal clarified that  Fernandez isn’t seeking to  quash the entire complaint,  but only the proceedings  against her personally.  “Sukesh is sitting in jail and carrying out extortion and  fraud from there,” he said,  adding that Fernandez’s  cooperation with the police  and her consistent statements demonstrate her  lack of involvement.

Advocates Aggarwal and  Prashant Patil argued that  Fernandez has suffered  reputational damage due  to being publicly associated  with money laundering.  “Being labelled as a money  launderer is problematic,”  Aggarwal told the court.

Fernandez has request ed the court to quash the Enforcement Case Information Report (ECIR)  and the supplementary  chargesheet filed by the  ED. Her petition asserts that the material submitted by the agency clearly  shows she is an innocent  victim of a scheme orches trated by Chandrashekhar.

“There is no indication  that she had any involve ment whatsoever in aiding  him to launder his pur portedly ill-got wealth,” the  plea states. Consequently, Fernandez argues, the charges under Sections 3  and 4 of the PMLA do not  apply to her.