Jacqueline Fernandez Money Laundering: Delhi HC reserves order on actress’ plea challenging case; ‘Paying the price of being celebrity’

The Delhi High Court reserved its judgment on Bollywood actress Jacqueline Fernandez’s petition challenging the Enforcement Directorate’s (ED) complaint filed under the Prevention of Money Laundering Act, 2002 (PMLA). The matter is linked to allegations that Fernandez accepted extravagant gifts from alleged conman Sukesh Chandrashekhar. Fernandez, through her lawyer, asserted, "Today, I am paying the price of being a celebrity."

Justice Anish Dayal reserved the verdict after detailed arguments were presented by both parties. Senior Advocate Siddharth Aggarwal appeared for Jacqueline Fernandez, while Special Counsel Zoheb Hossain represented the ED.

During the hearing, Aggarwal questioned the foundation of the ED’s accusations, arguing that if the agency's logic of financial benefit from crime holds, then even individuals such as shopkeepers, court staff, or legal professionals could be accused of money laundering.

He suggested that this line of reasoning would unjustly broaden the scope of criminal liability and create unnecessary panic. Aggarwal maintained that ED’s entire case is based on the presumption that Fernandez was aware of Sukesh Chandrashekhar’s criminal past, citing a media report from 2021.

He asserted that simply being a public figure does not imply prior knowledge of illicit sources of money. "Businessmen often have multiple cases against them," he stated, adding that Fernandez was introduced to Sukesh Chandrashekhar as a business tycoon. 

The ED, on the other hand, argued that its investigation under the PMLA is "independent" and distinct from police probes into scheduled offences. It clarified that individuals involved in money laundering may differ from those involved in the original crime, given the different legal contexts of the offences.

Earlier, the ED had opposed Fernandez’s petition, claiming she knowingly continued to accept gifts from Chandrashekhar even after learning of his criminal background. The agency accused her of using legal tactics to delay the judicial process.

Representing Fernandez, Senior Advocate Aggarwal and Advocate Prashant Patil highlighted the damage to her public image, emphasizing that being publicly branded a money launderer is "deeply problematic". They clarified that the plea does not seek to nullify the entire case, but only the proceedings against Fernandez personally.

Aggarwal further pointed out that Chandrashekhar remains in prison yet continues to commit fraud and extortion. He noted that the Economic Offences Wing (EOW) recorded Fernandez’s statements and found them relevant. Despite the ED filing four complaints, the ongoing investigation has delayed the start of the trial.

In her plea, Fernandez has requested the court to quash the Enforcement Case Information Report (ECIR), equivalent to an FIR, and the supplementary charge sheet filed by the ED in the Rs 200 crore money laundering case.

She argued that the evidence presented by the agency actually demonstrates her innocence, showing she was a target of Chandrashekhar’s deceitful schemes. According to her, there is no proof suggesting she assisted him in laundering his alleged illegal earnings, and therefore, should not be held accountable under Sections 3 and 4 of the PMLA.

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