SRINAGAR, Mar 5: In a significant development in the Jammu and Kashmir Cricket Association (JKCA) multi-crore scam case, the Chief Judicial Magistrate (CJM) Srinagar has observed that a prima facie case has been established against former Chief Minister and National Conference patron Dr. Farooq Abdullah along with five other accused persons. The court has accordingly directed that charges be framed against them under relevant provisions of the Ranbir Penal Code (RPC).
The order was passed by the court of CJM Srinagar, presided over by Tabassum, which examined the available material and submissions placed before it. The court noted that the essential ingredients of offences under Section 120-B (criminal conspiracy), Section 406 (criminal breach of trust), and Section 409 (criminal breach of trust by a public servant) of the RPC appear to be prima facie applicable to the accused persons.
Apart from Dr. Farooq Abdullah, the individuals named in the case include former JKCA General Secretary Mohammad Saleem Khan, former treasurer Ahsan Mirza, Manzoor Gazanfar Ali, Gulzar Ahmad Beigh and former Jammu and Kashmir Bank executive Bashir Ahmad Misgar. The allegations relate to irregularities and financial mismanagement in the functioning of the JKCA, which reportedly involved large-scale diversion and misuse of funds.
While examining the arguments presented by the Enforcement Directorate (ED), the court rejected the agency’s request seeking the addition of further charges under Sections 411 and 424 of the RPC. These provisions relate to dishonestly receiving stolen property and the fraudulent removal or concealment of property. The court observed that there was no material on record to show that the ED had formally informed the Central Bureau of Investigation (CBI) about the alleged commission of these specific offences against the accused persons.
The court further clarified that the investigation and prosecution in the present case are being carried out by the Central Bureau of Investigation. It noted that the Enforcement Directorate is neither the investigating authority nor the prosecuting agency in the matter, and therefore its request for additional charges lacked the necessary procedural basis.
In its order, the court also elaborated on the relationship between predicate offences and proceedings under the Prevention of Money Laundering Act (PMLA). It observed that the powers of the ED under the PMLA are dependent upon the existence of a scheduled offence. Using a metaphor to explain this legal principle, the court remarked that the predicate offence functions like a ship, while the powers exercised by the ED under the PMLA are comparable to a limpet mine attached to it. Without the existence of the primary offence, the secondary action cannot operate independently.
Consequently, the court dismissed the ED’s application seeking the addition of further charges. At the same time, it held that sufficient grounds exist to proceed against the accused under the previously mentioned provisions of the RPC.
Addressing the question of charge and discharge, the court observed that the material available during the preliminary examination of the case indicates the involvement of the accused persons in offences relating to criminal conspiracy and breach of trust. The court specifically noted that these provisions are prima facie attracted in the case of Bashir Ahmad Misgar and Dr. Farooq Abdullah, among others.
The court has directed that formal charges be framed against the accused persons in the coming week. It also clarified that additional charges may still be introduced by the court on its own motion at any stage before the examination of material witnesses, should further evidence justify such action.
Following the framing of charges, the court will proceed with the recording of statements of approvers Manzoor Gazanfar Ali and Gulzar Ahmad Beigh as part of the evidentiary process. The court further observed that appropriate legal action may follow if the approvers deviate from or retract their earlier statements made during the course of the investigation.
With the matter now moving into the stage of framing of charges and recording of evidence, the case is expected to enter a crucial phase in the judicial process in the coming days.
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