Delhi HC Rejects Bollywood Actress Jacqueline Fernandez’s Plea to Quash PMLA Case Without Trial [Read Order]

In a recent ruling, the Delhi High Court refused to dismiss the corruption case against Bollywood actress Jacqueline Fernandez without a full trial stating that the matter involves serious allegations that must be examined thoroughly in court.

Jacqueline Fernandez had filed an application before the trial court seeking discharge from proceedings initiated under the Prevention of Money Laundering Act (PMLA), 2002. Her counsel argued that she had no role in the criminal conspiracy involving conman Sukesh Chandrasekhar and had not knowingly accepted proceeds of crime.

The petitioner’s counsel argued that she was misled about Sukesh’s identity and believed him to be a genuine businessman. They argued that receiving gifts alone without knowledge of their source could not amount to money laundering.

Get a Handbook on TDS Including TCS as Amended up to Finance Act 2024, Click Here

The Enforcement Directorate opposed the plea and argued that Jacqueline had knowingly received expensive gifts worth over Rs. 7 crore from Sukesh, including luxury items, cars, and cash. The ED argued that she was aware of his criminal background and still maintained contact with him even after law enforcement agencies raised red flags.

In response, the actress’s counsel argued that there was no direct evidence linking her to Sukesh’s extortion activities and no indication that she facilitated or assisted in money laundering. They argued that she had cooperated with the investigation and had not tampered with any evidence.

The ED’s counsel argued that Jacqueline had attempted to dispose of certain evidence and continued to interact with Sukesh even after being made aware of his criminal activities. The agency argued that her consistent association with the accused and her enjoyment of lavish gifts indicated knowledge and benefit from the proceeds of crime.

The bench presided over by Justice Prathiba M. Singh observed that the evidence on record raised serious questions about whether the actress was aware of the source of the gifts and whether she had benefited from criminal proceeds. The court said these questions could not be decided at the preliminary stage and required a full trial where evidence could be examined in detail.

The court found that a prima facie case had been made against Jacqueline Fernandez under the PMLA and held that the trial must proceed to determine the extent of her involvement. The court refused to quash the case or discharge her from proceedings and directed that the trial continue in accordance with the law.

Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates