Excelsior Correspondent
SRINAGAR, Mar 12: The Chief Judicial Magistrate Srinagar today recalled a non-bailable warrant (NBW) issued earlier in the day against former Chief Minister Dr Farooq Abdullah in the Jammu and Kashmir Cricket Association (JKCA) scam case.
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The CJM Srinagar, Tabasum, recalled the non bailable warrants issued earlier in the day against the Abdullah in JKCA multi crore scam.
The NBW order was issued by the CJM Srinagar against Abdullah for non-appearance before the court convened to frame charges against Abdullah and other accused. The Court later recalled the same as Abdullah submitted an application.
The counsel for Abdullah, advocate Ishtiaq Khan, filed a fresh application detailing therein as to why Abdullah could not appear before the court. It was submitted in the fresh application that there was assassination bid on Abdullah’s life yesterday.
The application read that the bid has impacted Abdullah physically and psychologically including fluctuating blood pressure and cardiac distress.
“The Applicant has been placed under strict clinical observation and Restricted Security Protocol. His medical consultants have strictly prohibited any travel, particularly air or road travel between Jammu and Srinagar, as the same would pose a grave risk to his life and health”.
It also said that Abdullah is a senior citizen, aged 88 years and is suffering from multiple age-related ailments and is currently under a high-risk medical category.
The court had earlier rejected the exemption application filed on behalf of Abdullah, noting that his counsel stated that the accused could neither appear physically nor through virtual mode.
The court had subsequently directed its office to issue a non-bailable warrant against him.
“…the counsel for the accused was given an option to ensure the presence of the accused through virtual mode however counsel did not consent and stated that accused could neither physically nor via virtual mode appear before the court. Application for exemption is rejected. Office is directed to issue NBW against accused…,” the court order read.
The court also rejected the exemption plea of another accused Manzoor Gazanfar Ali and issued an NBW against him. Other accused in the case were present before the court during the proceedings.
The matter has been listed for recording of statements of the accused on March 30. The court said that if any of the accused fails to appear on the next date of hearing, appropriate orders will follow.
The court also directed other accused persons to file objections to an application moved by a bank, noting that the CBI has already submitted its objections. The court said accused number four Bashir Ahmad Misgar, a banker, need not file objections, while two accused have already been granted pardon.
In 2018, the CBI filed chargesheet against Abdullah and five others for allegedly siphoning Rs 43 crore from grants provided by the Board of Control for Cricket in India to the JKCA. The CBI alleged that the funds were misappropriated between 2002 and 2011, when Abdullah was serving as president of the JKCA.
The court in the earlier order had said that the essential ingredients of offences under section 120-B (Criminal conspiracy), 406 (Criminal breach of trust) and 409 (Criminal breach of trust by public servant) of RPC have prima facie been made out against Abdullah and other accused – Mohammad Saleem Khan (the then JKCA General Secretary), Ahsan Mirza (the then treasurer of JKCA) Manzoor Gazanfar Ali, Bashir Ahmad Misgar ( former J&K Bank executive) and Gulzar Ahmad Beigh.
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