Delhi court allows actor Jacqueline Fernandes to travel to Dubai

A Delhi court on Friday allowed Bollywood actor Jacqueline Fernandes, one of the accused being investigated in the ₹200-crore money laundering scam along with conman Sukesh Chandrashekhar and others, to travel to Dubai from January 27 to January 30.

Jacqueline Fernandes had been barred from leaving the country after she was named in the charge sheet as one of the accused by the ED in connection with the ongoing money laundering case. She moved an application on January 25 before the Delhi Patiala House court seeking permission to travel to Dubai for PepsiCo India Conference where she was invited as a star performer for the Annual Bottlers Conference being held on January 29.

The application cited that Jacqueline was earlier allowed to travel abroad by the trial court and the decision was upheld by the Delhi high court with modification of terms on May 30, 2022.

The court noted that Jacqueline had previously on two occasions filed application to travel abroad but had withdrawn them. The counsel appearing for Jacqueline submitted that the first application was for a personal visit to her mother in Bahrain which Jacqueline withdrew to face the trial. The council also pointed out that the second application, which was regarding her travel to Dubai, was also withdrawn for the same reason but she is now facing threat of being sued for damages for non-participation in the event.

Jacqueline’s counsel also pointed out that her name has been nominated for Oscars, and if she is not allowed to travel abroad, her career prospects would be adversely affected. Her her film Tell It Like a Woman’s song Applause has got nominated in the Best Original Song category at the Academy Awards alongside RRR song Naatu Naatu.

The Enforcement Directorate (ED) opposed her application stating that Jacqueline had been arraigned as an accused by them in the second supplementary complaint with the allegations that she enjoyed the proceeds of crime of the main accused Sukesh Chandrashekhar.

ED had in its reply further pointed out that Jacqueline is a foreign national and therefore there is a flight risk if she is allowed to go abroad. It was also stated in the reply that since the probe is still going on into the money laundered abroad including Dubai, she may also tamper with evidence. It was also submitted by the counsel of ED that the claim that right to travel abroad is a fundamental right is misconceived.

Additional sessions judge, Shailender Malik, while granting her permission to travel abroad noted that Jacqueline had once been given the permission by the high court to travel abroad while ED’s investigation was going on and the apprehension that Jacqueline would flee could be dealt with on the same conditions as was imposed earlier by the high court.

The court also observed in its order that while interpreting Article 21 of the Constitution of India, the Supreme Court has held that the word “personal liberty”, which includes right to travel abroad, needs to be construed liberally. However, the court further noted that the Supreme Court had also laid down that such right to travel abroad is also subject to certain conditions and restrictions.

“This court is very much conscious that the case is at the crucial stage when the matter is being heard on the point of charge and the case involves a very high stake in the sense that there are very serious allegations made against the accused persons including accused/applicant. However, that fact by itself cannot be a reason to deprive the accused at this stage from travelling abroad when she is to fulfil her professional commitments”, the order said.

The court further imposed the following conditions on Jacqueline Fernandes while allowing her to travel abroad:

1. She will submit an FDR to the tune of ₹1 crore along with surety of 1 crore which in case she does not return shall be forfeited in the name of ED.

2. She shall submit her itinerary, place of stay and the number on which she can be contacted.

3. On her return, she shall inform the Investigating Agency about her return.

4. She shall not interfere or tamper with the evidence or the investigation.