Srinagar, Mar 05: A court in Srinagar has ordered that charges be framed against National Conference patron & former chief minister Farooq Abdullah and several others in connection with a money laundering probe linked to the alleged multi-crore Jammu and Kashmir Cricket Association (JKCA) fund misappropriation case.
The order was passed on March 2, 2026, by the Court of Chief Judicial Magistrate Srinagar, presided over by Ms Tabasum (JO Code: JK-00173), in a case bearing CNR No. JKSG-0305-1841-2024, in connection with FIR No. 05/2015 registered by the CBI under sections 120-B, 406 and 409 of the Ranbir Penal Code (RPC).
The case being investigated by the Central Bureau of Investigation (CBI) also dismissed an application filed by the Enforcement Directorate (ED) seeking addition of further offences.
Apart from Abdullah, the accused in the case include Mohammad Saleem Khan, Ahsan Ahmad Mirza and Bashir Ahmad Misgar. Two accused persons, Manzoor Gazanfar Ali and Gulzar Ahmad Beigh, have already been granted pardon during the course of the trial.
The court, while hearing arguments on the plea regarding charge or discharge of the accused, held that the material placed on record prima facie establishes the essential ingredients of criminal conspiracy and criminal breach of trust under the relevant provisions of the RPC.
“After carefully perusing the material on record and the applicable law, this court finds that the essential ingredients of offences under sections 120-B, 406, and 409 RPC are prima facie made out against all the accused persons,” the court observed in its order.
The court further stated that offences under sections 120-B, 406 and 409 read with section 109 RPC are also prima facie made out against accused Bashir Ahmad Misgar and Farooq Abdullah.
Consequently, the court directed that the accused persons shall be formally charged for the commission of these offences. The matter has been listed for March 12, 2026, for framing of charges.
The court also noted that statements of the approvers, Manzoor Gazanfar Ali and Gulzar Ahmad Beigh, will be recorded as evidence after the charges are framed. It added that if the approvers resile from their earlier statements, appropriate legal action may follow.
Meanwhile, the court dismissed an application filed by the Enforcement Directorate seeking the addition of offences under sections 411 and 414 of the Indian Penal Code by invoking powers under section 216 of the Code of Criminal Procedure.
The ED had moved the application, citing liberty granted by the High Court of J&K and Ladakh in a previous judgment dated August 14, 2024. However, the court held that the ED was neither the investigating agency nor the prosecuting authority in the case, which is being handled by the CBI.
The magistrate observed that the ED can initiate proceedings under the Prevention of Money Laundering Act (PMLA) only when a predicate or scheduled offence is established by the competent investigating agency.
“In the instant case, there is nothing on record to suggest that the ED informed the CBI about the commission of the alleged offences,” the court said, adding that the CBI’s charge sheet does not disclose any scheduled offence that would enable the ED to seek further charges.
The court also pointed out inconsistencies in the ED’s application, noting that it sought the addition of different provisions at various places and even referred to provisions of the Indian Penal Code, which are no longer applicable in the case.
Holding that the application lacked clarity and legal standing, the court ruled that the ED had no locus standi to seek addition of charges in a case investigated and prosecuted by the CBI.
Accordingly, the application filed by the ED was dismissed and ordered to be made part of the main case record, while the trial will proceed on the charges already established by the CBI investigation.
