The Enforcement Directorate opposed actor Jacqueline Fernandez’s plea to become an approver in the Rs 200-crore money laundering case involving alleged conman Sukesh Chandrashekar, claiming she knowingly accepted benefits from proceeds of crime despite awareness of his criminal background.
The Enforcement Directorate (ED) opposed actor Jacqueline Fernandez’s plea seeking to be made an approver in the Rs 200-crore money laundering case involving alleged conman Sukesh Chandrashekar.
During its submissions, the ED argued that Fernandez cannot position herself as an innocent or unaware recipient of benefits allegedly obtained through criminal proceeds. The agency said she stayed in touch with Chandrashekar even after she allegedly came to know about his criminal background.
The ED said in its reply,
“… (Fernandez) remained in regular and sustained contact with Sukesh Chandrashekhar even after having knowledge of his criminal antecedents, who carefully arranged all benefits, gifts and articles for the Applicant out of the ‘proceeds of crime’ involved in the offence of money laundering. This consistent interaction through numerous ways of communication and receipt of benefits negates any claim of being an ‘unwitting victim’, as underlined by the Applicant in the present application, and instead highlights her conscious association with the main perpetrator and with the illicit gains,”
The ED has already arrayed Fernandez as a co-accused in the money laundering case. The allegations include that she received costly gifts and financial benefits allegedly funded through proceeds linked to the Rs 200-crore extortion racket. The ED claims the money was allegedly extorted by Sukesh Chandrashekar from Aditi Singh, the wife of former Fortis Healthcare promoter Shivinder Singh.
The ED further alleged that Fernandez continued to accept and benefit from the alleged proceeds of crime despite being aware of the circumstances surrounding Chandrashekar. The agency stated that the actor and members of her family allegedly enjoyed luxury gifts and financial advantages obtained using illegally sourced funds.
The ED said,
“In the present case, the Applicant’s role is not that of a minor participant but that of a significant beneficiary of the ‘proceeds of crime’ and an active participant in the money laundering scheme under PMLA, 2002. Granting her the position of an Approver in the present case would be a miscarriage of justice and would undermine the gravity of the offence she has committed.”
In criminal law, an “approver” is an accused or accomplice who agrees to assist the prosecution by acting as a witness and providing details about the offence. Under Section 306 of the Code of Criminal Procedure (CrPC), a court may grant pardon to such a person if they make a full and truthful disclosure about the crime and the role of other accused persons.
Typically, any accused or co-accused may file an application before the court seeking to be treated as an approver. The application is then referred to the investigating agency, which may support or oppose the request. Even if the agency agrees, the ultimate decision on granting pardon and accepting the person as an approver lies with the court.
Now that the ED has formally opposed Fernandez’s plea, the matter is listed for further arguments on Tuesday, when the court will decide whether she can be granted approver status.
Backgrounds:
According to the ED, based on a Delhi Police FIR from August 2021, Sukesh Chandrasekhar and his associates allegedly extorted Rs 200 crore from complainant Aditi Singh the wife of former Ranbaxy promoter Shivender Singh during 2020 and 2021. The ED alleges that Chandrasekhar’s group impersonated a top central government official to arrange for Singh’s release on bail.
The ED also named Fernandez as an accused in its supplementary prosecution complaint dated August 17, 2022, claiming she held proceeds of crime exceeding Rs 7 crore in the form of gifted articles.
Jacqueline’s counsel have consistently maintained that she was not aware of Chandrasekhar’s alleged criminal activities and, therefore, there was no criminal intent.
The ED stated in its charge sheet that the extorted money was laundered through a network of shell companies and transactions, with part of the funds purportedly used to purchase luxury gifts and assets.
The original charge sheet named eight people, including Chandrasekhar as the prime accused and intermediary Pinky Irani, through whom Chandrasekhar allegedly contacted the actress. With Fernandez included, the total number of accused becomes nine.
Jacqueline was granted bail in 2022, after the court observed that it still needed to be examined whether she had knowledge, intention, or any connection to Chandrasekhar allegedly giving her gifts out of proceeds of crime.
The Delhi Police case, filed under the Maharashtra Control of Organised Crimes Act (MCOCA), is being investigated by the Delhi Police Special Cell.
Of 31 cases against Chandrasekhar, he has obtained bail in 27.
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