JKCA Funds Case: Srinagar Court to Frame Charges Against Former J&K CM Farooq Abdullah

In Central Bureau of Investigation v. Saleem Khan and Others, a Srinagar court has found prima facie evidence against former Jammu and Kashmir Chief Minister Farooq Abdullah in the Jammu and Kashmir Cricket Association (JKCA) funds case, paving the way for the framing of criminal charges.

The order was passed on March 2 by the Court of the Chief Judicial Magistrate, Srinagar, which held that the material available on record disclosed sufficient grounds to proceed against Abdullah and other accused persons.

Charges to be Framed

The court concluded that there was prima facie evidence of offences under Sections 120-B (criminal conspiracy), 406 (criminal breach of trust), and 409 (criminal breach of trust by public servant) of the Ranbir Penal Code (RPC).

In its order, the court stated:

“After carefully perusing the material on record and applicable law, this court finds that the essential ingredients of the offences under Sections 120-B, 406 and 409 RPC are prima facie made out against all the accused persons.”

As a result, the court directed that charges be framed against Abdullah and other accused. The matter has been listed for March 12 for the formal framing of charges, after which the trial process will proceed.

Background of the Case

The case originates from a First Information Report (FIR) registered by the Central Bureau of Investigation alleging financial irregularities and misappropriation of funds within the Jammu and Kashmir Cricket Association (JKCA).

According to the investigation, funds meant for the cricket association were allegedly misused by office bearers during Abdullah’s tenure as president of the JKCA.

The CBI subsequently filed a chargesheet against six accused persons, including Abdullah and several former officials of the association.

Two individuals — Manzoor Gazanfar Ali and Gulzar Ahmad Beigh — were granted pardon earlier and turned approvers in the case, agreeing to assist the prosecution.

ED’s Plea for Additional Charges Rejected

The court also rejected an application filed by the Enforcement Directorate seeking the addition of offences under Sections 411 and 414 of the Indian Penal Code (IPC), which deal with dishonest reception and concealment of stolen property.

The court ruled that the ED did not have the locus standi to request modification of charges in the present case because the investigation and prosecution were being conducted by the CBI.

The court clarified that the ED’s powers arise only in relation to offences under the Prevention of Money Laundering Act (PMLA) and depend on the existence of a predicate offence.

In its observations, the court stated that the ED cannot independently assume that a scheduled offence has been committed. Such offences must first be investigated and prosecuted by the competent authorities.

The order also noted that the IPC provisions cited by the ED were no longer applicable, since the IPC was repealed with effect from July 1, 2024, further weakening the ED’s request.

What Happens Next

With the court finding sufficient material to proceed, the case will now move to the charge-framing stage, where the accused, including Abdullah, will formally face criminal charges.

If charges are framed on March 12, the matter will proceed to trial, where the prosecution and defence will present their evidence before the court.