
'Deliberately Varied Facts To Mislead Probe': Delhi HC Raps Jacqueline Fernandez In PMLA Case
In a major setback for actress Jacqueline Fernandez, the Delhi High Court on Thursday refused to quash the money laundering case against her, observing that she 'deliberately varied" the facts to mislead the investigation.
The court accepted the ED's acquisition against her regarding concealing the receipt of proceeds of crime.
The petition was moved by Fernandez in connection with Rs 200 crore money laundering case. She had challenged the chargesheet filed against her in the case, in which Sukesh Chandrasekhar is also an accused. She was also named as an accused in the case.
She was booked in the case on the allegations that she had received expensive gifts from Chandrasekhar.
In the order rejecting her plea, the court has made serious observations on her conduct.
'The statements reveal that petitioner deliberately varied the narration of facts to mislead the investigation. She initially denied knowing the actual name of Sukesh, which, later on, upon being confronted with evidence, was admitted by her," the court said.
The court also noted the ED's submissions regarding 'piecemeal disclosures' by the actress during investigation.
'Response of ED's counsel to the defence taken by accused that she 'did not know" was essentially based on Section 3(i) of PMLA. The elements which constitute an offence under Section 3 of PMLA have been slated to be is junctive as per the Explanation. These elements are: concealment, possession, acquisition, use, projecting it as untainted property and claiming it as untainted property. He contended that possession of articles given by Sukesh were not disputed. He contended that it is evident that there was concealment by petitioner since there were piecemeal disclosures," the court order said.
'The issue of projecting it as untainted property was also evident, since petitioner did not disclose various gifts given to her and her family in one go, but only during further investigation and interrogation," it added.
The ED alleged that Fernandez initially denied facts, but later admitted after being confronted.
The central agency also alleged that she wiped out data from her phone to hide evidence.
The High Court said that the questions of her knowledge and intent will be decided in trial.
The case will be proceeded under money laundering charges.

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