Excelsior Correspondent
SRINAGAR, Sept 3: The State High Court today ordered a Central Bureau of Investigation (CBI) probe into multi-crore Jammu and Kashmir Cricket Association (JKCA) scam allegedly involving former Chief Minister, Dr Farooq Abdullah.
The Division Bench of Jammu and Kashmir High Court comprising Chief Justice N P Vasanthakumar and Justice B L Bhat, ruled out handing over the case to State investigating agency saying that it can get influenced due to alleged involvement of former Chief Minister Farooq Abdullah.
“The President of JKCA is a tall political personality having served as the Chief Minister of the State besides having a tenure as Union Minister in the previous regime, whose complicity is alleged in granting approval to two contradictory resolutions pertaining of operations of accounts of JKCA”, High Court said, adding “this is one of the reasons for not handing over the investigation to Crime Branch. It said the CB is a limb of Home Department of State and may not be able to stand up to the might, influence and clout enjoyed by the accused”.
The court came down heavily on the police for its lapses in investigations into the scam and said that Police handled the case in casual manner and despite lapse of three years the agency could not even verify or authenticate the amount released by BCCI to JKCA. They (Police) remained contended with the information provided by BCCI that Rs 113.67 crore were released by BCCI from 2002 to 2011.
“The investigating agency exhibited insensitivity to pilferage of public money at all stages right from acquisition of funds to utilization thereof. Both speed and credibility are found lacking in so far as the role of investigation agency is concerned”, court observed.
The High Court last month reserved its verdict on handing over the investigations of the matter to any other investigating agency.
The court said it is a fit case for handing over the matter to CBI for unbiased and outcome oriented investigation into the scam. “We are of the considered opinion that it is a fit case where the investigation must be handed over to Central Bureau of Investigation for purposes of fair and result oriented investigation”, DB said.
Court directed the Registrar Judicial to send the copy of the judgment to the Director CBI for taking the investigation in hand and bringing the same to a logical end, as expeditiously as possible, preferably within a period of six months.
Referring the judgment of Supreme Court and Article 226 of the Constitution, the bench said that there is no bar for this court and this court is vested with power to direct the investigation by CBI in the interest of larger public as the scam involved huge loss of public money as also taking into consideration the serious allegations made against the beneficiaries including the influential and mighty people.
“Having regard for the quantum and magnitude of the scam involving huge loss of public money and failure of State investigating agency’ to conduct the investigation with speed, fairness and objectivity and given the inordinate delay in concluding the investigation coupled with lack of credibility in the State Investigating Agency the case is fit for investigation by CBI”, court said.
Referring the observation of Supreme Court that the nation and the people of this country are seriously concerned with the outcome of cases like 2G scam and responsibility of the Constitutional court is to assure judicial legitimacy and accountability, the DB said, “the dictum of law enunciated by Supreme Court is loud and clear. This court has to discharge its constitutional obligation to give effect to and enforce fundamental rights of citizens and it is well settled that where scams take place, the allegation of misappropriation of funds are required to be looked into”.
As the BCCI is the source of funds for the JKCA, court said the source of funds plays a crucial role in investigation. “Bearing in mind the volume of funds alleged to have been misappropriated, investigating agency (CBI) will have to inquire into the outflow of funds released by BCCI to JKCA”, court said.
Court further added that the investigation agency to which the investigation is required to be transferred has to undertake an exercise and perform objectively and fairly keeping in mind that the majesty of law has to be upheld and the rule of law preserved.
Court further directed the agency to retrieve and reconstruct the damaged records, dig out the bogus accounts and unravel the modus operandi adopted to swindle the money released by BCCI to JKCA.
“Identify the beneficiaries, work out the undue pecuniary benefits conferred, identify the accounts to which the swindled money has been transferred, work out the assets raised out of the funds illicitly transferred and misappropriated and unveil the criminal conspiracy”, court added in its judgment.
Court while rejecting the suggestion made by some counsels of handing over such type of scam to Crime Branch said that this is a ‘herculean task’ and can be executed by an agency having credibility and capability to instill confidence. “We are confident that given the magnitude of scam and loss scam caused to exchequer, transferring the investigation to CB, would not serve any purpose”, court said while giving manifold reasons for not handing over the investigation of scam to the CB.
The PIL was filed by two cricket players for seeking high level team to investigate FIR No. 27/12 registered in police station Ram Munshi Bagh, Srinagar regarding embezzlement of huge amounts in JKCA during the year 2012.
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