She was an active participant: ED opposes Jacqueline Fernandez's plea to turn approver in PMLA case

The Enforcement Directorate (ED) on Monday opposed a plea filed by Bollywood actor Jacqueline Fernandez to turn approver in the ₹200 crore money laundering case being probe by the Enforcement Directorate (ED).

Last month, Fernandez had moved an application to become an approver in the case in which alleged conman Sukesh Chandrashekhar is the main accused.

Fernandez was named in the case on allegations that she received expensive gifts from Chandrashekhar who was her boyfriend.

Additional Sessions Judge (ASJ) Prashant Sharma of the Patiala House Court today asked Fernandez to respond to the ED's response and listed the case for further consideration on May 12.

The ED opposed Fernandez's plea to turn approver, arguing that her role in the case is not that of a minor participant but of a significant beneficiary of the proceeds of crime, and she was an active participant in the money laundering scheme. 

Fernandez remained in “regular and sustained” contact with Sukesh Chandrashekhar even after knowing his criminal antecedents. Hence, making her an approver would be a miscarriage of justice and undermine the gravity of the offence she has committed, the agency said.

The ED contended that said Chandrashekharm carefully arranged all benefits, gifts and articles for Fernandez out of the proceeds of crime involved in the offence of money laundering. 

“That the applicant [Fernandez] was well aware of the criminal antecedents of the main accused, ie. Accused No.1 i.e. Sukesh Chandrashekhar. Despite this knowledge of his real identity and criminal background, she chose to continue her association and accept valuable benefits, possess, receive, use and enjoy the "proceeds of crime" for herself and her family member, thereby demonstrating a conscious disregard for the source of funds and actively participating in the laundering process. Her claim of being a "victim" is therefore self-serving and contrary to the evidence on record,” the ED stated. 

It also argued that Fernandez’s conduct during the investigation has been far from cooperative, as she consistently failed to make full and truthful disclosures in her statements recorded on five occasions. 

Chandrashekhar is accused of having posed as a high-level government official acting on behalf of the Prime Minister’s Office (PMO) and the Home Minister to dupe business entrepreneur Aditi Singh of nearly ₹200 crores over a span of seven to eight months.

Initially, the prosecution complaint was filed against eight accused in December 2021 and Fernandez was not named in the complaint.

Fernandez said that she appeared before the ED five times and recorded her statement under Section 50 of the Prevention of Money Laundering Act (PMLA).

On August 17, 2022, the ED filed a second supplementary prosecution complaint in the matter and arraigned Fernandez as an accused.

The High Court had in July last year rejected Fernadez's plea to quash the case against her.