The Delhi High Court has dismissed a petition filed by Bollywood actress Jacqueline Fernandez, who sought to quash a money laundering case against her. The case is linked to alleged conman Sukesh Chandrasekhar and a ₹200 crore extortion racket. Justice Anish Dayal pronounced the order, and a detailed judgment is awaited.
Fernandez had challenged the Enforcement Directorate's (ED) complaint and the second supplementary chargesheet filed under the Prevention of Money Laundering Act (PMLA), where she was named as an accused. She claimed that Sukesh Chandrasekhar "trapped her" and that she was merely a victim. Her plea stated that she had not committed any offense under the PMLA and was not in possession of any proceeds of crime. She also sought to quash the Enforcement Case Information Report (ECIR) and the proceedings pending in a Delhi trial court.
The ED had booked Fernandez as a co-accused in the money laundering case, alleging that she received expensive gifts from Chandrasekhar. Chandrasekhar is accused of posing as a high-level government official and duping Aditi Singh, wife of former Ranbaxy owner Shivinder Singh, of nearly ₹200 crores.
Fernandez's legal team argued that she was unaware of Chandrasekhar's criminal background and that she was introduced to him as a businessman. They contended that receiving gifts from someone accused of a crime should not automatically make one liable under the PMLA, especially if they were unaware of the funds' criminal origin. Senior Advocate Sidharth Aggarwal, representing Fernandez, argued that being a celebrity should not render someone automatically liable. He questioned the ED's logic, stating that it would create undue fear if anyone receiving money from an accused could be liable, even without knowledge of the criminal source.
However, the ED opposed her petition, arguing that a special court had already taken cognizance of the prosecution complaint and found a prima facie case against her. The ED's counsel, Zoheb Hossain, stated that Fernandez knowingly accepted luxury gifts from Chandrasekhar despite knowing his criminal past. The ED alleged that Fernandez continued to benefit from the proceeds of crime and that her petition was an attempt to derail the trial. The ED argued that Fernandez was knowingly involved in the possession and use of the proceeds of crime. They claimed she attempted to cover up her conduct by claiming to be a victim but failed to provide substantial evidence.
The ED also questioned the maintainability of the plea, stating that the cognizance order itself was never challenged. They argued that Fernandez's role in laundering the proceeds of crime was distinct from the Economic Offences Wing's (EOW) fraud investigation. Her witness status in the EOW case did not preclude prosecution in the money laundering case.
Fernandez claimed that Chandrasekhar used the same deceptive tactic as he did with Aditi Singh, making a spoof phone call posing as a high-ranking government official to contact her makeup artist, Shaan. She claimed she was also a victim of Chandrasekhar's scheme and unaware of his illegal activities.
In 2022, Fernandez was granted bail by a trial court in the ED case, with conditions including a personal bond of ₹2 lakh and a surety of equal value. Chandrasekhar and his wife, Leena Paulose, were arrested and accused under the Maharashtra Control of Organised Crime Act (MCOCA). They allegedly used hawala routes and shell companies to park the money earned from the crimes.
