Jacqueline can't be prosecuted for Sukesh's money laundering: Lawyer
What's the story
Bollywood actor Jacqueline Fernandez's lawyer has contended that she cannot be charged with money laundering as she was not part of any crime for the purpose of making money.
Senior Advocate Siddharth Agarwal, who is representing Fernandez, made the argument before the Delhi High Court on Tuesday.
The matter relates to the charge sheet filed against her in a money laundering case involving conman Sukesh Chandrasekhar.
Defense stance
Fernandez's counsel argued lack of knowledge about illicit gifts
Agarwal further argued that Fernandez had no idea that the gifts she received from Chandrasekhar were funded by proceeds from a crime.
"Knowledge is necessary to show involvement in criminal activity," he said.
The senior advocate also cited a previous judgment in the case of Vijay Madanlal Chaudhary, implying that not all property seized during an investigation necessarily constitutes proceeds of crime.
Legal position
Double jeopardy argument in Fernandez's defense
Agarwal also argued that two cases cannot be prosecuted on the same facts.
He said an offense of extortion from Aditi Singh is being prosecuted under MCOCA (Maharashtra Control of Organised Crime Act) and Fernandez is a witness in that case.
Hence, she cannot be accused of money laundering as she is not part of a crime syndicate and did not derive economic advantage from it.
Upcoming hearing
ED to present its case in Fernandez's plea
Per ANI, the Enforcement Directorate (ED) will now present its arguments in the plea moved by Fernandez against the charge sheet that accused her of money laundering.
Justice Anish Dayal has posted the matter for the next hearing on December 3, where submissions will be heard from the Special Counsel for ED.
Advocate Zoheb Hossain will appear for the ED in this matter.