Srinagar, Mar 05, KDC: A court in Srinagar has held that prima facie offences of criminal conspiracy and criminal breach of trust are made out against former Jammu & Kashmir Chief Minister Dr. Farooq Abdullah and other accused in the Jammu & Kashmir Cricket Association (JKCA) funds case, directing that charges be framed against them.
In an order dated March 2, 2026, a copy of which is in the possession of news agency Kashmir Dot Com, the Chief Judicial Magistrate, Srinagar, Ms Tabasum observed that the material on record discloses prima facie offences under Sections 120-B, 406 and 409 of the Ranbir Penal Code (RPC) against the accused persons.
The case pertains to alleged financial irregularities and misappropriation of funds in the JKCA. Two accused in the case have already been granted pardon and turned approvers during the trial.
The court also dismissed an application filed by the Enforcement Directorate (ED) seeking addition of further offences to the charges.
The court held that the ED has no locus standi to seek addition of charges in a case investigated and prosecuted by another agency, particularly when the charge sheet does not disclose any scheduled offence forming the basis for action under the Prevention of Money Laundering Act (PMLA).
It observed that ED’s jurisdiction arises only when a predicate offence exists and proceeds of crime are generated from such offence, and the agency cannot assume the commission of a predicate offence on its own.
The court further found the application misconceived and vague, noting that it referred to different provisions of law at different places and even invoked provisions of the Indian Penal Code that stand repealed with effect from July 1, 2024.
Referring to judicial precedents, the court reiterated that authorities under the PMLA cannot initiate proceedings merely on the assumption that a scheduled offence has been committed.
Rejecting the pleas seeking discharge, the court held that sufficient material exists to proceed against the accused, observing that the essential ingredients of offences under Sections 120-B, 406 and 409 RPC are prima facie made out.
The matter has been listed for framing of charges, after which the statements of the approvers will be recorded as evidence. The court also noted that appropriate orders would follow if the approvers resile from their earlier stand.
