The local court in Srinagar has ordered the formal framing of criminal charges against Farooq Abdullah and several associates regarding the JKCA financial tangle. While the court accepted the CBI’s groundwork for conspiracy and breach of trust, it flatly rejected an attempt by the Enforcement Directorate (ED) to insert itself into the proceedings. The magistrate ruled that the ED is not a 'super cop' and cannot invent its own path into a trial where the core crimes do not fit its specific legal mandate.
Main Charges: Sections 120-B, 406, and 409 of the Ranbir Penal Code (RPC) regarding criminal conspiracy and breach of trust by a public servant.
The Rejected Move: The ED sought to add charges under Sections 411 and 424 of the RPC (handling stolen property and dishonest concealment).
The Deadline: Formal proceedings to read the charges to the accused are set for March 12.
The Limits of Agency Reach
The Chief Judicial Magistrate (CJM), Tabassum, described the ED’s application as both "vague and contradictory." The ruling centers on the reality that the ED only exists to chase the paper trail of money after a specific, listed crime has occurred. Since the High Court had already scrubbed the ED’s independent money laundering case in August—finding the alleged cricket crimes weren't on the approved list of "scheduled offenses"—the agency tried to climb back in through the CBI’s window. The court shut that window.
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"If the ED comes across a violation of law, it cannot assume the role of an investigating agency… it has the duty to inform the appropriate agency." — CJM Srinagar
| Legal Entity | Status in Case | Target |
|---|---|---|
| CBI | Primary Prosecutor | Pursuing 120-B, 406, 409 RPC |
| ED | Blocked | Attempted to add 411, 424 RPC |
| Defense | Active | Sought discharge; secured block on ED |
Friction Over "Predicate" Crimes
The friction stems from the Prevention of Money Laundering Act (PMLA). For the ED to move, there must be a "predicate offense"—a foundation crime.
The court noted that the ED failed to show it had ever officially briefed the CBI about these new allegations of stolen property.
Without that paper trail, the ED's attempt to join the trial was viewed as an overreach.
The High Court of J&K and Ladakh had previously quashed the ED’s own charge sheet, noting that the conspiracy charges involving Farooq Abdullah and Mohammad Saleem Khan did not automatically trigger the ED's special powers.
Background: A Decade of Paperwork
This irregularity involves roughly ₹113 crore intended for cricket development that supposedly went elsewhere.
2012: State police start a slow-moving probe.
2015: High Court hands the mess to the CBI after two cricketers file a PIL.
2024 (August): High Court quashes the ED's separate money laundering case because the underlying crimes didn't match the PMLA schedule.
Current: The trial moves to formal charges under the RPC, leaving the ED on the sidelines while the CBI proceeds with the original accusations.