Delhi High Court Permits Actress Jacqueline Fernandez To Travel Abroad For IIFA Event

The Delhi High Court yesterday upheld a Trial Court order which had granted permission to Bollywood actress Jacqueline Fernandez to travel abroad to Abu Dhabi, UAE for IIFA Awards events. The development comes in backdrop of a money laundering case being probed by Enforcement Directorate involving alleged conman Sukesh Chandrasekhar.

Justice Sudhir Kumar Jain however modified a condition in the trial court order to the extent that the actress shall submit an FDR of Rs. 1 crore alongwith an undertaking that in the case she did not return to the country, the said FDR shall be forfeited in favor of the agency before the concerned Court alongwith surety of Rs. 1 crore.

The Special Cell Police had registered an FIR against unknown persons for offences punishable under sec. 170, 384, 386, 388, 419, 420, 506 and 120B of Indian Penal Code, 1860 and sec. 66(D) of Information Technology Act, 2000.

The offences punishable under sec. 384, 386, 388, 419, 420 and 120B of IPC mentioned in the FIR were scheduled offences under Part A of the Prevention of Money Laundering Act, 2002. Thus, Investigation was taken up for money laundering under sec. 3 of the PMLA punishable under sec. 4 to trace the proceeds of crime.

It was revealed during the course of investigation that one of the accused persons Sukesh Chandrashekar had utilized proceeds of crime generated out of criminal activities related to the scheduled offence. 

It was also the agency's case that the said accused utilized the proceeds of crime in gifting luxury items to the celebrities and that Fernandez was a one of the celebrities to whom the accused Sukesh Chandrashekar had sent various branded, high and luxury gifts and spent proceed of crime generated out of criminal activities relating to scheduled offence on her.

The Trial Court, vide impugned order dated May 28, 2022, had allowed the application of the actress and granted her permission to travel Abu Dhabi, UAE from May 31 to June 6 and had also suspended the LOC during the said period, subject to some conditions.

Before the High Court, the agency argued that the Court did not have any inherent power either to cancel or suspend the LOC and that it not enjoy power as vested in the High Court under Article 226 of the, in the exercised of which the High Court can rectify the LOC.

It was also submitted that the actress's presence was required for the purpose of further investigation, adding that she was a Sri Lankan National and as such there was a possibility that she may flee from the country to avoid investigation. It was added that she had not cooperated and properly participated in the investigation.

"The respondent is stated to be residing in this country since 2009 and is a Bollywood actress. The respondent is going to Abu Dhabi, UAE for 6 days with effect from 31.05.2022 to 05.06.2022 for IIFA Awards events. The respondent has joined the investigation as and when required by the Investigating Agency. The petitioner has already filed the charge sheet against the other accused but the investigation in respect of the respondent is still pending. The respondent on earlier occasion also sought permission to go abroad and her request was not responded by the petitioner," the Court noted at the outset.

The High Court upheld the said order by observing that the Trial Court had considered the relevant facts pertaining to the case and also imposed reasonable conditions on the actress to ensure her return back in this country and also to join further investigation.

"The impugned order dated 28.05.2022 does not call for any interference. However it is made that the respondent shall not interfere or tamper with case in any manner with the evidence or investigation of the present ECIR," the High Court said.

Accordingly, the plea was disposed of.

Case Title: ED v. Jacqueline Fernandez

Citation: Citation: 2022 LiveLaw (Del) 522