HC quashes ED charge-sheet against Farooq Abdullah, others in JKCA scam

Srinagar, Aug 14: The Jammu and Kashmir and Ladakh High Court Wednesday quashed the Enforcement Directorate's (ED) charge-sheet against the former Chief Minister of J&K and JKNC chief, Farooq Abdullah and others.

The ED had filed the charge-sheet which it said was in connection with a money laundering probe, alleging irregularities in the Jammu and Kashmir Cricket Association (JKCA).

The High Court said that "no predicate offence was made against the individuals and hence the charge sheet and the supplementary charge-sheet filed by the ED are quashed."

Along with JKNC chief, Farooq Abdullah, the then treasurer of JKCA, Ahsan Ahmad Mirza, another former treasure of JKCA, Mir Manzoor Gazanffer and others were named by the ED in their charge-sheet.

Following which, the named persons had moved High Court seeking its quashing.

The JKNC chief has been questioned multiple times by the ED regarding the case even as assets belonging to him and others worth Rs 21.55 crore were attached.

Mirza was arrested by the ED in September, 2019 and a charge sheet was filed against him in November that year and the trial in that complaint is going on.

Shariq J Reyaz, representing Mirza and Gazanffer, had moved the high court saying that the ED had no jurisdiction over the case and that the charge sheets filed against his clients should be quashed.

The court, after hearing arguments, had reserved the judgment on August 7. The ED was represented by Additional Solicitor General S V Raju through virtual mode.

Reyaz said the court accepted “our plea that no predicate offence was made out” and that the ED had no jurisdiction over the case.

"The complaint, the charge-sheet and the charges framed by the designated Special Court (Principal Sessions Court, Srinagar) vide order dated 18.03.2020 are quashed," read a judgment copy by the High Court.

The court said that it is however made clear that despite the quashing of the charges, the ED is open to register Enforcement Case Information Report (ECIR) afresh and launch prosecution against the petitioner under Section-3 of the PMLA.

"If ultimately the Court of Chief Judicial Magistrate, Srinagar frames charges for offence/offences, which are specifically mentioned in the schedule of PMLA," said the High Court.

In 2018, the Central Bureau of Investigation (CBI) had then filed a charge sheet and on that basis the ED had filed its case against the same accused.

The CBI charge sheet filed against Abdullah, Mirza, Gazanffer and former accountants Bashir Ahmad Misgar and Gulzar Ahmad Beigh alleged “misappropriation of JKCA funds amounting to Rs 43.69 crore” from grants given by the Board of Control for Cricket in India (BCCI) to promote the sport in the erstwhile state between 2002 and 2011.

The ED had earlier said its probe found that JKCA received Rs 94.06 crore from BCCI in three different bank accounts during financial years 2005-2006 to 2011-2012 (up to December 2011).

It had alleged that several other bank accounts were opened in the name of the JKCA into which the funds were transferred. The bank accounts along with the existing bank accounts were later used for laundering JKCA funds, it had said.