#SupremeCourt hears plea of Bollywood actress Jacqueline Fernandez seeking quashing of the Rs. 200 crores money laundering case involving alleged conman Sukesh Chandrasekhar.
Bench: Justices Dipankar Datta and AG Masih
Bench: Justices Dipankar Datta and AG Masih
J Dutta: The allegation is that, it was given to you as gifts. Nothing has been proved. At the stage of framing charges, you have to accept what is the allegation.
We appreciate that the law is such that anyone can be involved. Take it as, they were two very close friends and now if one friend gives something to the other friend, ultimately if it is found that the other person is involved in a predicate offence, very difficult. That's why we say, Vijay Madanlal has considered this part and we are found by that.
Sr Adv Mukul Rohatgi: I must know that this man is extorting, and want to send me part of the proceeds of extortion. With respect, otherwise I would be an accused in the main case. Now, please see one more crucial thing which the High Court missed. Along with predicate offence of extortion, there is MCOCA in Bombay. MCOCA is also extended to Delhi. MCOCA is identical to Section 3 [of PMLA].
So, the predicate offence is extortion and MCOCA, which is identical to Section 3. Now, I am charged with MCOCA which is identifical to PMLA extortion case and I am a witness. I am supposed to be a witness, what will I say? I came in touch with this man, I never went to any jail. I never asked him to give me any money, I met him because I am a film star, someone introduced me. If I am not charged under MCOCA, I can't be charged in the camouflage of MCOCA in the main case
We appreciate that the law is such that anyone can be involved. Take it as, they were two very close friends and now if one friend gives something to the other friend, ultimately if it is found that the other person is involved in a predicate offence, very difficult. That's why we say, Vijay Madanlal has considered this part and we are found by that.
Sr Adv Mukul Rohatgi: I must know that this man is extorting, and want to send me part of the proceeds of extortion. With respect, otherwise I would be an accused in the main case. Now, please see one more crucial thing which the High Court missed. Along with predicate offence of extortion, there is MCOCA in Bombay. MCOCA is also extended to Delhi. MCOCA is identical to Section 3 [of PMLA].
So, the predicate offence is extortion and MCOCA, which is identical to Section 3. Now, I am charged with MCOCA which is identifical to PMLA extortion case and I am a witness. I am supposed to be a witness, what will I say? I came in touch with this man, I never went to any jail. I never asked him to give me any money, I met him because I am a film star, someone introduced me. If I am not charged under MCOCA, I can't be charged in the camouflage of MCOCA in the main case
Rohatgi: The prosecution case is you should have been more careful.
J Datta: come at appropriate stay, you withdraw it. We will not interfere.
Rohatgi: mylords may adjourn it
J Datta: Bench is in course of hearing the review [Madanlal, PMLA review]
Rohatgi: but the observation of the judgment on merits should not influence the trial judge
Order: Dismissed with liberty to approach the Court. The observations made in the impugned judgment were only for the purpose of disposing of the petition. At the time of framing of charges, the special court shall be at liberty to hear the petitioner and pass the order.
J Datta: come at appropriate stay, you withdraw it. We will not interfere.
Rohatgi: mylords may adjourn it
J Datta: Bench is in course of hearing the review [Madanlal, PMLA review]
Rohatgi: but the observation of the judgment on merits should not influence the trial judge
Order: Dismissed with liberty to approach the Court. The observations made in the impugned judgment were only for the purpose of disposing of the petition. At the time of framing of charges, the special court shall be at liberty to hear the petitioner and pass the order.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
