New Delhi [India], September 22 (ANI): The Rouse Avenue court has dismissed the application seeking the summoning of Bollywood actor Jacqueline Fernandez in Rs 200 crores extortion case linked with Sukesh Chandrasekhar.
While rejecting the application, the court said that the case of applicant is based on the statement of co-accused Pinki Irani. However it does not reflect the role of the beneficiaries.
This application was moved on behalf of the accused Navas Kakkat who was deported from the UAE. He is alleged close aide of Sukesh Chandrasekhar.
Special judge (MCOCA) Gagandeep Singh dismissed the application moved on behalf of Accused Navas Kakkat seeking summoning of Jacqueline Fernandez and Leepakshi Ellawadi.
The court said that it appears the case of the applicant seeking summoning of additional accused hinges on the the version of co-accused Pinki Irani recorded under Section 18 of MCOC Act.
" Even the said confession if taken to be completely true it does not points towards the role of the beneficiaries to whom expensive gifts were offered by her on the directions of head of Organised Crime Syndicate (OCS) Sukash Chandrashekhar. Similar is the statement of other crucial witness namely Leepakshi Ellawadi regarding the said gifts," the court observed.
The court held that no ground made out for summoning any additional accused under Section 319 Cr.P.C. at this stage The application deserves dismissal. Accordingly, the application in hand is dismissed.
It was submitted in the application that as per the allegations, the accused Navas Kakkat was helping main accused Sukash Chandrashekhar in parking and transferring the proceeds of crime and handling the same as well as arranging the bank entries for making payments for gifts and other valuable items for Bollywood Celebrities.
The amount used to be transferred to Pinki Irani, Leepakshi Ellawadi and Jacqueline G. Fernandez. The said Jacqueline G. Fernandez is an accused in Enforcement Department (ED) case in view of the present predicate offence, the plea stated.
It was further pleaded that the role of the accused is only qua parking the funds as alleged belonging to Sukash Chandrashekhar and the real beneficiaries were the other persons named in the charge-sheet.
The other beneficiaries are, thus, equally responsible for the act, against whom no action has been taken by the Investigating Authority, the applicant said.
Advocate Naveen Malhotra alongwith Ritwik Malhotra for Accused Navas Kakkat and Special Public Prosecutor (SPP) Akhand Pratap Singh for Delhi police.
Advocate Naveen Malhotra submitted that as per the supplementary charge Navas Kakkat was acting on the instructions that Rs. 10 crores were distributed to the celebrities. Bills were paid through Navas as alleged.
On the other hand, SPP Akhand Pratap Singh submitted that all these aspects have been argued before the predecessor court prior to framing of charges against other Accused persons. This application is not maintainable.
Advocate Malhotra rebutted that summoning is the discretion of the court, not of the prosecution. Prosecution says what does suit it.
On September 7, the court had sought a response from Economic Offence wing of Delhi police on a plea seeking summoning of Jacqueline Fernandez and Leepakshi Ellawadi as additional Accused.
In the application it was mentioned that as per supplementary charge sheet During Investigation of the case, it was found that Navas remained an associate of accused Sukash Chandrashekhar and he was helping in parking, layering, and transferring the crime proceeds.
Police have stated that Navas was one of main handler of crime proceeds of the present case. He arranged bank entries for making payments for purchasing gifts and other valuable items for bollywood celebrities such as Jacqueline Fernandez through accused Pinky Irani and funds were also transferred to Pinky Irani, Leepakshi Ellawadi and purchasing goods for Sukash/Leena and others. He also made arrangements for making part payment to Halo Airways for meeting out travel expenses of accused Leena Paulose.
The application had also mentioned that as per allegations at the instance of Navas some of his known persons namely Muhaamad V, Selshas K, Nabeel M, Mohd. Jasheel, Mohd. Asif TA, Binshad KB, Ansal MM, Mohd. Mahin, Ramla Umar, Zinsil Sajid K, Arshad and Rijas PN received cash from him and deposited in their bank accounts and transferred the funds to the bank accounts provided by accused Navas KI. They also made payment through banking channel for purchase of gifts etc. Further, even after arrest of the main accused Sukash Chandra Shekar, his associate Navas has been arranging funds for making payment to the lawyers of accused Sukash Chandra Shekhar.
It was also mentioned in the application that as per the allegations the accused Navas was helping Sukesh in parking and transferring the proceed crime and handling the same as well as arranging the banks of entries for making payment and purchasing gifts and other valuable items for Bollywood celebrities and transferred the amount to Pinky Irani, Leepakshi Ellawadi, and Jacqueline Fernandez.
Delhi Police had made Jacqueline Fernandez a witness in the MCOCA case. However she was made Accused in Money laundering case. (ANI)
Rs 200 crores extortion case: Court rejects plea seeking summoning of Jacqueline Fernandez as additional accused in MCOCA case
