‘Not unwitting victim’: ED opposes Jacqueline Fernandez’s plea in Sukesh Chandrasekhar case
The actor, a co-accused in the Rs 200-crore money laundering case involving Sukesh, had moved a plea to turn approver last month.
Fernandez had been named as a co-accused by the ED for enjoying the ‘proceeds of crime’ allegedly given to her as gifts by Sukesh from the Rs 200 crore. (File Photo) The Enforcement Directorate (ED) on Monday opposed a plea filed by actor Jacqueline Fernandez to turn approver in a Rs 200-crore money laundering case involving alleged conman Sukesh Chandrashekar.
“… (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 claimed in its plea.
Fernandez had been named as a co-accused by the ED for enjoying the ‘proceeds of crime’ allegedly given to her as gifts by Sukesh from the Rs 200 crore. Sukesh allegedly extorted this money from Aditi Singh, the wife of former Fortis Healthcare promoter Shivinder Singh.
The ED, in its reply, also claimed that Fernandez chose to continue to “enjoy the proceeds of crime for herself and her family members, thereby demonstrating a conscious disregard for the source of funds and actively participating in the money laundering process”.
“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,” it added.
The ED case stems from the extortion case filed by the Economic Offences Wing (EOW) of Delhi Police in August 2022 against Sukesh for allegedly cheating and extorting money from Aditi by posing as the Union law secretary and calling her with an offer to bail her jailed husband.
Who can turn ‘approver’?
A former accused or accomplice who turns a witness to support the case of the prosecution is known as an approver. Under Section 306 of the CrPC, an approver can be granted pardon by the court.
Any accused or co-accused can approach the court to turn an approver by expressing his or her desire to do so through an application. The court forwards his/her application to the investigating agency through its lawyer. The investigating agency accepts or rejects the plea.
In case the investigating agency accepts the plea, they have to pray before the court to pardon the approver, provided he/she makes a full and true disclosure about the facts of the case. The final decision on the issue, however, is with the court. The court can also reject the plea of the investigating agency.
With the ED opposing Fernandez’s plea, the arguments on the plea will be heard on Tuesday, and the final decision will rest with the court.
Share
