Jacqueline Fernandez’s counsel argued before the Delhi High Court on Tuesday that the Bollywood actor cannot be prosecuted for money laundering under the Prevention of Money Laundering Act (PMLA) because she did not derive any economic advantage from any criminal activity. The counsel argued that Fernandez was not involved in any criminal activity for financial gain, and therefore, cannot be charged with money laundering.
The Enforcement Directorate (ED) is set to make its submissions in response to Fernandez’s plea challenging the charge sheet filed against her in a money laundering case. Justice Anish Dayal scheduled the next hearing for December 3, when the Special Counsel for ED will present their arguments.
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Senior Advocate Siddharth Agarwal, along with Advocates Prashant Patil and Shakti Pandey, appeared for Fernandez, while Advocate Zoheb Hossain represented the ED. Agarwal argued that while a person who derives economic benefit from a scheduled offence can be prosecuted for money laundering, Fernandez was not part of any criminal activity. He further stated that Fernandez was unaware that the gifts she received from Sukesh Chandrasekar were proceeds of crime, specifically from a Rs 200 crore extortion case involving Aditi Singh. Agarwal emphasized that knowledge of criminal activity is essential for establishing involvement in money laundering.
The counsel also referred to a judgment in the case of Vijay Madanlal Chaudhary, asserting that not all attached property during an investigation needs to be linked directly to proceeds of crime. Furthermore, he argued that two separate cases should not be prosecuted on the same facts. The extortion case involving Aditi Singh is already being prosecuted under MCOCA (Maharashtra Control of Organised Crime Act), where Fernandez is a witness. Since she was not part of the crime syndicate and did not derive financial gain from the activities, she should not be charged with money laundering, the senior advocate argued.
Fernandez has challenged the charge sheet in the money laundering case, in which Sukesh Chandrasekar is also named as an accused.
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