Supreme Court Refuses To Entertain Actor Jacqueline Fernandez's Plea Against High Court Order

The Supreme Court on Monday refused to entertain a plea of actor Jacqueline Fernandez against a Delhi High Court order refusing to quash money laundering proceedings against her in the ₹200 crore case involving alleged conman Sukesh Chandrashekhar.

A bench of Justices Dipankar Datta and AG Masih gave liberty to Fernandez to approach the court at an appropriate stage. On the request of senior advocate Mukul Rohatgi, appearing for Fernandez, that the observations made by the High Court in the judgment should not influence the trial, the bench said that the observations were limited to disposing of the quashing petition.

During the hearing, the senior counsel said that Chandrashekhar was infatuated with the actress, and he sent gifts to her, and there is no allegation that she has helped him launder that ₹200 crore.

Justice Datta said, "The allegation is that it was given to you as gifts. Nothing has been proved. At the stage of framing charges, you have to accept the allegation. We appreciate that the law is such that anyone can be involved. Take it as if 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 (judgement on PMLA) has considered this part and we are bound by that."

To this, Rohatgi responded that Vijay Madanlal's judgment also says the offence of abettment has to be committed 'unknowingly' and referred to Section 3 of the PMLA.
However, Justice Datta said that this is not a case of 'unknowingly' and suggested that the appeal may be withdrawn and the actress can approach the court at the appropriate stage. Rohatgi then withdrew the plea.

The actress moved the top court seeking a stay on the trial, after the Delhi High Court dismissed her quashing plea in July. Fernandez's plea before the High Court sought quashing of the Enforcement Directorate's ECIR as well as the second supplementary complaint arraigning her as the tenth accused in the case.

The High Court on July 3 had dismissed the actress's plea, observing that her apprehension that any evidence would be self-incriminating cannot lead to quashing of the ECIR as statutory and constitutional protections are already provided and will have to be assessed in that rubric.

Fernandez is an accused in the money laundering case lodged against Chandrasekhar. She had appeared before the ED for questioning in the investigation. Delhi Police booked Chandrasekhar for allegedly duping the spouses of former promoters of Ranbaxy, Shivinder Singh and Malvinder Singh, of ₹200 crore.
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