Relief for Farooq as Srinagar court stays proceedings against him in JKCA scam case

SRINAGAR: A sessions tribunal present Saturday stayed a magisterial court’s bid allowing framing of charges against National Conference (NC) president Dr Farooq Abdullah successful the Jammu and Kashmir Cricket Association (JKCA) scam case.Hearing a revision petition by Farooq, the further sessions justice ordered the cognition of a main judicial magistrate’s March 2 directive, and the consequent proceedings initiated by the proceedings magistrate connected March 30, to beryllium kept successful abeyance till the adjacent day of hearing. The tribunal issued announcement to CBI, and listed the substance for proceeding connected May 5.On March 2, the CJM tribunal held that prima facie, grounds existed against Farooq and different accused successful the case, observing that “the indispensable ingredients of offences nether sections 120-B, 406 and 409 of the Ranbir Penal Code are made out”.

Farooq, appearing virtually earlier the proceedings tribunal connected March 30, pleaded “not guilty”.CBI had filed a chargesheet against the NC president and others successful 2018, alleging the siphoning of astir Rs 43 crore from funds provided by BCCI to JKCA. The bureau said the funds were misappropriated betwixt 2002 and 2011, erstwhile Farooq was JKCA president. The chargesheet named him on with past JKCA wide caput Mohammad Saleem Khan, erstwhile treasurer Ahsan Ahmad Mirza and J&K Bank enforcement Bashir Ahmad Misgar.

In his revision petition, Farooq submitted that helium held an honorary relation arsenic JKCA president and was not progressive successful day-to-day fiscal medication which, helium said, was vested successful the treasurer and the wide secretary. A regular administrative signature connected a 2008 solution could not beryllium construed arsenic grounds of a “meeting of minds” for alleged embezzlement, helium argued.The sessions tribunal successful its bid observed that framing of charges is simply a “major step” successful a transgression proceedings with implications for a person’s estimation and liberty.

Allowing proceedings to proceed during the pendency of the revision petition could render the situation infructuous and origin irreparable harm, it said.The tribunal said astatine the interim stage, it is not required to behaviour a “roving inquiry” into the merits, but lone to find whether a prima facie lawsuit for involution is made out. “Given the complexity of the ineligible issues raised regarding vicarious liability successful transgression instrumentality and the lack of immoderate papers bearing the applicant’s signature connected the disputed vouchers and cheques relied upon by the prosecution, the equilibrium of convenience shifts successful favour of the applicant,” the tribunal stated.