Jacqueline Fernandez Summoned by ED on 8 Dec, Barred From Leaving Country

Jacqueline was recently quizzed by the ED in connection with the PMLA case involving Sukesh Chandrashekar.

Bollywood actor Jacqueline Fernandez was stopped at Mumbai Airport by immigration officials on Sunday, 5 December, and briefly quizzed by the Enforcement Directorate (ED) before being let go.

As per sources, she was travelling to Dubai, IANS reported.

The actor is presently barred from leaving the country in view of an LOC (lookout circular).

The ED has summoned Jacqueline to appear before the investigators in Delhi on Wednesday (8 December), ANI reported.

Lookout circulars – commonly known as LOCs – are used to stop people from leaving the country because of their involvement in a criminal case. They are issued in accordance with a procedure set out by the Ministry of Home Affairs, originally in 1979 and most recently updated in 2010 by an office memorandum.

Earlier, the actor was questioned by the ED in connection with a prevention of money laundering case involving Sukesh Chandrashekhar and seven others on several occasions. However, the agency had reportedly said that she was being questioned as a victim and not an accused.

The ED on Saturday filed a charge sheet against Sukesh Chandrasekar and others in a 200-crore money laundering case, mentioning a few Bollywood actors, including Fernandez in it.

The central probing agency had allegedly uncovered evidence that indicated financial transactions from Chandrasekar to Fernandez, NDTV reported.

Is Jacquline an Accused? What the LOC Tells Us

LOCs can be issued in cases involving cognizable offences where an accused is evading arrest or avoiding the legal process despite issuance of 'coercive measures' such as non-bailable warrants, as the Delhi High Court observed in a 2010 case.

As such, they can only be issued for an accused person in a case, rather than witnesses. However, till now, the ED has not confirmed whether or not Jacqueline Fernandez was an accused in the case.

While it had issued summons to her, the ED's powers under Section 50 of the Prevention of Money Laundering Act (PMLA) include the power to summon any person, including potential witnesses.

However, following the news that an LOC had been issued against her, it looks increasingly likely that Fernandez has now been made an accused in the case.

The MHA's 2010 office memorandum on LOCs does allow for LOCs to be issued even when all the parameters for them aren't met; for example, where there is no specific case against a person. However, this can only be used in "exceptional cases" against "CI suspects, terrorists, anti-national elements etc. in larger national interest."

While Fernandez will now be required to comply with the LOC and cooperate with the ED, she does have the option of challenging the LOC in a high court, especially if it turns out that she is not an accused in the case.

The development also comes in the background of the Bollywood actor repeatedly skipping ED's summons in regards to the matter.

In 2019, the Delhi High Court had said that the power to issue LOCs should be used only in limited circumstances:

"The instrument of a LOC is only to be used in an urgent situation where a person is found to have been evading the process of investigation. The investigating agency must be circumspect in using this instrument, as it seriously affects the fundamental rights of the citizen, who is restrained from travelling."

(With inputs from IANS and NDTV.)