Srinagar, Apr 25: A Sessions Court here on Saturday put in abeyance the trial court’s proceedings against former Chief Minister of J&K, Farooq Abdullah in a case related to alleged multi-crore fund misappropriation in the Jammu and Kashmir Cricket Association (JKCA).
The Court of Additional Session Judge Srinagar, Farooq Ahmad Bhat put on hold two orders – one passed by the Chief Judicial Magistrate Srinagar on March 2 and the other on March 30, 2026.
In terms of the order of March 2, the Court dismissed Abdullah’s plea for discharge in the case registered against the three-time J&K Chief Minister and other accused persons by the CBI.
By virtue of an order dated March 30, the Court framed charges against the 88-year-old former chief minister in the case.
“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.
The Court stayed the operation of the orders after noting that Farooq has raised a substantial question of law specifically whether “Presidential Authority” can be equated with “Legal Entrustment” or “Actual Dominion” under Section 409 of RPC in the absence of a direct money trail.
Moreover, the court pointed out “whether the addition of Section 109 RPC (Abetment) without a specific overt act of instigation amounts to a mechanical exercise of judicial power”.
Further, the content of the applicant (Farooq) deserves consideration as to whether a senior citizen should be subjected to the rigors of a protracted trial based on a remote administrative act from 2008, the court said.
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, seeking the court’s intervention to stay the operation of the two orders, 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.
The former Chief Minister raised the plea 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).
The 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.
Besides 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.
On the allegations of misappropriation of funds in JKCA, the Police Station Ram Munshi Bagh, Srinagar, had registered an FIR No 27/2012 dated March 10, 2012, under Section 120-B, 406 and 409 of RPC. During the investigation by the Police and on the intervention of the High Court, the investigation of the case was subsequently transferred to the Central Bureau of Investigation (CBI).
In July 2017, the CBI filed a charge sheet before the CJM Srinagar in the case
