2 months ago
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A section tribunal present has directed the framing of charges against National Conference president Farooq Abdullah and different accused successful the alleged Jammu and Kashmir Cricket Association (JKCA) scam case.
In a five-page bid passed earlier this week, Chief Judicial Magistrate of Srinagar, Tabasum, directed that the substance beryllium listed connected March 12 for framing of charges.
"List the main record connected 12/03/2026 for framing of charge. After framing of complaint connection of approvers, i.e., accused no. 3 and 6 shall beryllium recorded arsenic evidence, successful lawsuit they resile from their basal due orders shall follow," the tribunal said.
However, the tribunal rejected an exertion by the Enforcement Directorate (ED) seeking to beryllium made a enactment successful the case.
"Keeping successful presumption the facts and circumstances of the case, provisions of instrumentality and Judicial precedents, ED cannot beryllium made arsenic a enactment successful a lawsuit which is investigated, filed and prosecuted by the CBI and wherever nary docket offence is disclosed successful the complaint expanse by the CBI.
"Therefore, the applicant has nary locus standi arsenic per the instrumentality to question the summation of complaint successful the contiguous case. As such, the instant exertion connected behalf of ED is not maintainable," the tribunal said.
The tribunal besides ruled that the ED exertion was vague and sought contradictory reliefs.
"In immoderate places of the application, the applicant is seeking summation of Section 411 & 414 of the IPC by workout of powers nether conception 216 of the Cr.P.C but the substance of the information is that the applicant is seeking to invoke repealed provisions of instrumentality due to the fact that the Indian Penal Code is not applicable successful the instant lawsuit and the said IPC was repealed with effect from 01/07/2024," the tribunal added.
The tribunal said the powerfulness of the ED to analyse and enquire stands chiefly connected to the offence of wealth laundering arsenic defined successful the Prevention of Money Laundering Act.
"The ED cannot presume from the worldly gathered by it that a predicate offence stands committed. The predicate offence has to beryllium needfully investigated and tried by the authorities empowered by law.”
"In the instant case, the CBI, which is the main investigating and prosecuting agency, did not incorporated immoderate scheduled offence successful the complaint sheet," the bid read.
On the question of framing of charges, the tribunal said the indispensable ingredients of the offence nether sections 120-B, 406 and 409 of the Ranbir Penal Code (RPC) were prima facie made retired against the accused.
"Therefore, the accused persons shall beryllium charged for the committee of the said offences. However, summation of charges tin beryllium done suo moto astatine immoderate signifier during the proceedings of the lawsuit earlier pronouncement of judgement aft signaling of connection of the worldly witnesses," the bid read.
