The Delhi High Court in its order rejected Bollywood actor Jacqueline Fernandez's argument that the ED adopted a "pick and choose" policy and did not proceed against other similarly-placed actors in a money laundering case.
Fernandez was referring to television celebrities Nikki Tamboli, Chahatt Khanna and Sophia Singh.
Justice Anish Dayal on July 3 dismissed her plea for quashing an FIR against her in a Rs 200 crore money laundering case also involving alleged conman Sukesh Chandrasekhar.
The actor argued that the probe agency did not proceed under the Prevention of Money Laundering Act (PMLA) against other actors who too received gifts and articles from Chandrasekhar.
The order underlined the consideration of parity during bail proceedings and said the argument couldn't be applied during quashing an FIR as it would completely erase the ECIR against the accused petitioner.
"Whether the investigating agency chose a pick and choose policy or decided not to proceed against the others, based on the merits of the case, is not an issue under consideration before this court; petitioner is always at liberty to raise this issue at an appropriate stage," the court's 95-page verdict said.
Read more: Money laundering case: Delhi HC junks actor Jacqueline's plea to quash FIR
The court continued, "The petition and plea of petitioner cannot be entertained for quashing of the ECIR dated August 8, 2021 and 2nd supplementary complaint dated August 17, 2022. The petition is, therefore, dismissed."
Besides other grounds, Fernandez claimed the other actors met Chandrasekhar inside Tihar jail where he was lodged and also received gifts from him.
She further said a relative of actor Nora Fatehi received a luxury car from Chandrasekhar.
"Despite this, these individuals have not been arrayed as accused persons by the ED, despite having first-hand knowledge of Sukesh Chandrasekhar being in prison. This disparate treatment has been presented as yet another argument and a ground for quashing the ECIR," Fernandez' plea said.
ED's counsel, opposing the plea argued the actor did not refute the allegations of having received gifts worth Rs 7.12 crore from Chandrasekhar and gifts worth Rs 1.12 crore were delivered to her sister in Sri Lanka.
There are allegations of receiving proceeds of crime and retaining them, and these are sufficient to attract money laundering proceedings, he added.
The high court referred to verdicts cited by the actor and said they were over the grant of regular bail in PMLA cases and not for quashing the ECIR (FIR).
"The issue of parity may be an aspect which the court does consider while granting bail, however, the same cannot by extension or extrapolation, be made applicable to a case of quashing, which would erase the ECIR qua the accused petitioner, completely," it held.
Fernandez is an accused in the money laundering case lodged against Chandrasekhar and had appeared before the ED for questioning in the investigation.
Delhi Police had booked Chandrasekhar for allegedly duping the spouses of former promoters of Ranbaxy, Shivinder Singh and Malvinder Singh of Rs 200 crore.
There are other ongoing investigations against him in several cases across the country.
Chandrasekhar and his wife Leena Paulose, facing proceedings in a money laundering case of the ED, were arrested by Delhi Police along with others.
The police invoked the Maharashtra Control of Organised Crime Act (MCOCA) in the case.
Paulose and Chandrasekhar were alleged to have used hawala routes and created shell companies along with other accused persons to park the money earned as proceeds of crime.
Fernandez was referring to television celebrities Nikki Tamboli, Chahatt Khanna and Sophia Singh.
Justice Anish Dayal on July 3 dismissed her plea for quashing an FIR against her in a Rs 200 crore money laundering case also involving alleged conman Sukesh Chandrasekhar.
The actor argued that the probe agency did not proceed under the Prevention of Money Laundering Act (PMLA) against other actors who too received gifts and articles from Chandrasekhar.
The order underlined the consideration of parity during bail proceedings and said the argument couldn't be applied during quashing an FIR as it would completely erase the ECIR against the accused petitioner.
"Whether the investigating agency chose a pick and choose policy or decided not to proceed against the others, based on the merits of the case, is not an issue under consideration before this court; petitioner is always at liberty to raise this issue at an appropriate stage," the court's 95-page verdict said.
Read more: Money laundering case: Delhi HC junks actor Jacqueline's plea to quash FIR
The court continued, "The petition and plea of petitioner cannot be entertained for quashing of the ECIR dated August 8, 2021 and 2nd supplementary complaint dated August 17, 2022. The petition is, therefore, dismissed."
Besides other grounds, Fernandez claimed the other actors met Chandrasekhar inside Tihar jail where he was lodged and also received gifts from him.
She further said a relative of actor Nora Fatehi received a luxury car from Chandrasekhar.
"Despite this, these individuals have not been arrayed as accused persons by the ED, despite having first-hand knowledge of Sukesh Chandrasekhar being in prison. This disparate treatment has been presented as yet another argument and a ground for quashing the ECIR," Fernandez' plea said.
ED's counsel, opposing the plea argued the actor did not refute the allegations of having received gifts worth Rs 7.12 crore from Chandrasekhar and gifts worth Rs 1.12 crore were delivered to her sister in Sri Lanka.
There are allegations of receiving proceeds of crime and retaining them, and these are sufficient to attract money laundering proceedings, he added.
The high court referred to verdicts cited by the actor and said they were over the grant of regular bail in PMLA cases and not for quashing the ECIR (FIR).
"The issue of parity may be an aspect which the court does consider while granting bail, however, the same cannot by extension or extrapolation, be made applicable to a case of quashing, which would erase the ECIR qua the accused petitioner, completely," it held.
Fernandez is an accused in the money laundering case lodged against Chandrasekhar and had appeared before the ED for questioning in the investigation.
Delhi Police had booked Chandrasekhar for allegedly duping the spouses of former promoters of Ranbaxy, Shivinder Singh and Malvinder Singh of Rs 200 crore.
There are other ongoing investigations against him in several cases across the country.
Chandrasekhar and his wife Leena Paulose, facing proceedings in a money laundering case of the ED, were arrested by Delhi Police along with others.
The police invoked the Maharashtra Control of Organised Crime Act (MCOCA) in the case.
Paulose and Chandrasekhar were alleged to have used hawala routes and created shell companies along with other accused persons to park the money earned as proceeds of crime.
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