The Enforcement Directorate on Monday opposed Bollywood actress Jacqueline Fernandez’s plea for approval in the money laundering case against Sukesh Chandrasekhar, stating that the actress actively benefited from the proceeds of crime and is now trying to escape prosecution.
The federal agency told Special Judge Prashant Sharma of the Patiala House Courts that Fernandes was not an “unintended victim” as she claimed in her petition, and remained in constant contact with Chandrasekhar despite knowing about his criminal antecedents. They added that Fernandes was an active recipient of all the gifts arranged for her by Chandrasekar from the proceeds of crime.
“This ongoing interaction through numerous ways of communicating and obtaining benefits negates any allegation on the part of the unwitting victim, highlighting instead her conscious connection to the principal offender and to the illicit gains,” the response said.
The agency said Fernandez’s behavior during the investigation was far from cooperative because she consistently failed to make full and truthful disclosures in her statements to the ED and was evasive and contradictory in her responses.
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Special Prosecutor Atul Tripathi said that while the primary objective of making the accused consent was to obtain evidence from less culpable accused to prosecute the more culpable accused, the applicant’s role was not that of a secondary participant but that of a major beneficiary of the proceeds of crime.
“Awarding her the position of approver in this case would amount to a miscarriage of justice and undermine the seriousness of the crime she committed,” the executive said.
Pointing out that the request “is nothing but an abuse of legal process,” which was submitted with the sole purpose of “circumventing the legal process and escaping prosecution” instead of being a cooperative witness.
The court set the next hearing for May 11 after Fernandez’s lawyer sought time to obtain instructions.
Last month, Fernandez moved to the Delhi court, seeking to become approved in $200 crore money laundering case.
If allowed, Fernandez will become a prosecution witness and will be tasked with revealing all the facts related to the case and the co-accused, in the interest of pardon or a lesser sentence.
It is certain that the trial in this matter has not yet begun, and the case is currently in the pleading stage regarding the point of the charge.
The CEO’s case, based on the Delhi Police’s First Information Report (FIR) from August 2021, alleges that Chandrashekar and his associates extorted a sum of money. $200 crore from the complainant Aditi Singh, wife of former Ranbaxy promoter Shivinder Singh, during 2020 and 2021, and posed as a senior central government official to arrange her husband’s release on bail.
ED named Fernandez as a defendant in a supplemental prosecution complaint filed on August 17, 2022, in which she was charged with possession of proceeds of crime in excess of $7 Crores in the form of various gifted articles.
Jacqueline’s lawyers have consistently maintained that she was not aware of Chandrasekhar’s criminal activities and therefore there was no criminal intent.
The federal agency said in its indictment that the racketeering funds were laundered through a network of shell companies and transactions with a portion of the funds allegedly used to purchase gifts and luxury assets.
While the original chargesheet named eight people, including Chandrasekhar as the main accused and the intermediary Pinky Irani, through whom Chandrasekhar communicated with the actress, Jacqueline’s name brings the total number of accused to nine.
Jacqueline was granted bail in the case in 2022, after the court noted that it was yet to be examined whether she had knowledge, intention or connection with Chandrasekhar giving her those gifts from the proceeds of crime.
The Delhi Police case, filed under the Maharashtra Control of Organized Crime Act (MCOCA), is being investigated by the Special Cell of Delhi Police.
Out of the total 31 cases against him, Chandrasekhar has so far been granted bail in 27 cases, with the remaining ones including the current extortion case and the money laundering probe arising from it.
