The Chief Judicial Magistrate (CJM) Srinagar has ordered the framing of charges against the National Conference (NC) patron and former Chief Minister Dr Farooq Abdullah and five others in Jammu and Kashmir Cricket Association (JKCA) multi-crore scam. The court said that Enforcement Directorate (ED) has made out a case against these persons which point out to various irregularities.
The CJM court, presided over by Tabassum, in an order said that the essential ingredients of offences under Section 120-B (criminal conspiracy), 406 (Criminal breach of trust) and 409 (criminal breach of trust by public servant) of Ranbir Penal Code (RPC) have prima facie been made out against former JKCA president Dr. Farooq Abdullah. The other accused in the case are the then JKCA General Secretary, Mohammad Saleem Khan, the then treasurer of JKCA, Ahsan Mirza, Manzoor Gazanfar Ali, Gulzar Ahmad Beigh and former J&K Bank executive, Bashir Ahmad Misgar.
The court further added that there is nothing on record to suggest that the ED had informed the CBI of the alleged commission of offences under the RPC for dishonestly receiving stolen property and dishonestly or fraudulently removing or concealing property against all the accused. The court, while dismissing a plea of the Enforcement Department seeking additional charges under Section 411 and 424 against all the accused, said a case has been made out for earlier offences against them.
The court noted that the investigation and prosecution in the present case are being conducted by the CBI, and ED is neither investigating nor the prosecuting agency in the matter. The court further held that the authorities under PMLA cannot proceed on the mere assumption that a scheduled offence has been committed. “That the predicate offence is like a ship and the ED’s powers under PMLA akin to a limpet mine without the ship, the limpet cannot function. Accordingly, the application filed by the ED is dismissed,” read the order.
Meanwhile, on the question of charge and discharge, the court said that the ingredients of Sections 120-B, 406 and 409 under the RPC are prima facie attracted against the accused Misger and Dr Abdullah. The court, as such, recorded that the accused persons be charged for the said offences, with the clarification that charges can be added suo motu at any stage before the pronouncement of material witnesses.
The court posted the matter for framing of charges next week. “After framing of charges, the statement of approvers-Gazanfar Ali and Gulzar Ahmad Beigh shall be recorded as evidence and appropriate orders shall follow if they recede from their earlier stand”, the court said. The case had created a furore in the sports circles in the then state of J&K as corruption at the very top had been alleged.
Incidentally, 10 officials of the JKCA, including Dr Abdullah, were accused of turning the sports body into a lending agency and operating several bogus accounts between 2005 and 2012 when the scam was unearthed. In October 2020, Omar Abdullah had said that the ED case against his father was “political vendetta’’ over the restoration of the special status of J&K.
Meanwhile, on the question of charge and discharge, the court said that the ingredients of Sections 120-B, 406 and 409 under the RPC are prima facie attracted against the accused Misger and Dr Abdullah. The court, as such, recorded that the accused persons be charged for the said offences, with the clarification that charges can be added suo motu at any stage before the pronouncement of material witnesses.
The court posted the matter for framing of charges next week. “After framing of charges, the statement of approvers-Gazanfar Ali and Gulzar Ahmad Beigh shall be recorded as evidence and appropriate orders shall follow if they recede from their earlier stand”, the court said. The case had created a furore in the sports circles in the then state of Jammu & Kashmir ,as corruption at the very top had been alleged.
Incidentally, 10 officials of the JKCA, including Dr Abdullah, were accused of turning the sports body into a lending agency and operating several bogus accounts between 2005 and 2012 when the scam was unearthed. In October 2020, Omar Abdullah had said that the ED case against his father was “political vendetta’’ over the restoration of the special status of J&K.
