Court Pauses JKCA Fund Proceedings Against Farooq Abdullah
The Court of Additional Session Judge, Farooq Ahmad Bhat, also put in abeyance the Chief Judicial Magistrate's 2 March order dismissing Abdullah's plea for discharge in the case registered against the three-time chief minister of J&K and other accused persons by the CBI.
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“The operation of the Impugned Order dated 02.03.2026, and the subsequent proceedings dated 30.03.2026 (framing of charges), conducted by the trial magistrate, shall remain in abeyance exclusively as they pertain to the revisionist Dr. Farooq Abdullah till the next date of hearing,” the court said observing that Farooq has raised substantial questions of law, specifically whether“Presidential Authority” can be equated with“Legal Entrustment” or“Actual Dominion” under Section 409 RPC in the absence of a direct money trail. and whether the addition of Section 109 RPC (Abetment) without a specific overt act of instigation constitutes a mechanical exercise of judicial power.
The court further held that the contentions advanced by the revisionist merit consideration, including whether a senior citizen should be subjected to the rigours of a prolonged criminal trial based on a remote administrative act dating back to 2008.
The trial court had framed charges against Abdullah under Sections 120-B (criminal conspiracy), 406 (criminal breach of trust), 409 (criminal breach of trust by public servant) and 109 (abetment) of the Ranbir Penal Code.
In his plea, Abdullah contended that the trial court failed to properly appreciate the facts while rejecting his discharge application. He argued that as President of the JKCA, his role was largely honorary and that day-to-day financial management and control over funds rested with the association's Treasurer and General Secretary.
Farooq submitted that his role was limited to a routine administrative signature on a 2008 resolution, which, according to him, does not establish criminal liability.
The case pertains to alleged financial irregularities in the functioning of the JKCA, which was investigated by the Central Bureau of Investigation (CBI).
Read Also Pakistan Should Realise Conflict Only Brings Destruction: Farooq Abdullah 'Unfortunate': Farooq Abdullah Criticises Nobel Buzz for Pak PM, Army ChiefThe CBI has filed a chargesheet accusing Abdullah and several others of siphoning off more than Rs 43 crore from grants provided by the Board of Control for Cricket in India to the association.
On March 2 this year, the CJM court observed that the essential ingredients of offences under Sections 120-B (criminal conspiracy), 406 (criminal breach of trust), and 409 (criminal breach of trust by a public servant) of the Ranbir Penal Code were prima facie made out against him.
ADVERTISEMENTBesides Abdullah, the accused include Mohammad Saleem Khan (then general secretary of JKCA), Ahsan Ahmad Mirza (then treasurer), Manzoor Gazanfar Ali, Bashir Ahmad Misgar (an executive with Jammu & Kashmir Bank), and Gulzar Ahmad Beigh.
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