ED files fresh petition against Farooq Abdullah in JK cricket scam

The Enforcement Directorate (ED) on Wednesday filed a petition in a court in Srinagar, urging it to take cognizance of fresh allegations against National Conference (NC) chief, Farooq Abdullah regarding his alleged involvement in Jammu and Kashmir Cricket Association (JKCA) scam.

An affirmative order by the court can enable the central agency to register a fresh case against Abdullah, news agency KDC reported. On August 14, the High Court of Jammu and Kashmir and Ladakh quashed the ED charges against Dr. Farooq.

The court had said the ED’s case was based on a CBI chargesheet which had prosecuted the accused for criminal breach of trust and criminal conspiracy. The predicate offence was criminal breach of trust, which is not a scheduled offence under the PMLA, the court had observed.

The court, however, gave the ED the liberty to file a fresh FIR if it found that a predicate scheduled offence under PMLA had been committed. The PMLA has a schedule which lists the offences for which money laundering investigations can be carried out.

In a fresh plea filed last week, the ED has said the CBI did not invoke Section 411 of the Indian Penal Code (or the Ranbir Penal Code), which involves a scheduled offence under the PMLA. It has urged the court to take cognizance, based on evidence presented by the CBI and ED. If the court takes cognizance, the ED can either register a fresh case or file another chargesheet against Abdullah.

IPC Section 411 deals with the offence of dishonestly receiving or retaining stolen property. It states that whoever dishonestly receives or retains stolen property, knowing or having reason to believe it to be stolen, can be punished with imprisonment of up to three years, or with a fine, or both.

In its earlier chargesheet, the ED said that between 2006 and January 2012, when Abdullah was the JKCA president, he misused his position to make illegal appointments of office-bearers to whom he gave financial powers for the purpose of laundering funds

“Investigation also reveals that Dr Farooq Abdullah was instrumental as well as beneficiary of the laundered funds of JKCA,” said the chargesheet, adding that Rs 45 crore was diverted from JKCA’s coffers

 

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