Evidence of misappropriation of funds: CBI
Fayaz Bukhari
SRINAGAR, July 20: A local Court in Srinagar today directed for personal appearance of former Chief Minister and president of National Conference (NC) Dr Farooq Abdullah in multi-crore Jammu and Kashmir Cricket Association scam.
Abdullah, who is one of the accused named by Central Bureau of Investigation (CBI) in its charge sheet in JKCA multi-crore scam, had filed an application seeking exemption from personal appearance before the Court. Judicial Magistrate Srinagar Aijaz Ahmad Khan declined the plea with the conclusion that the accused be produced for admitting to bail and thereafter the application seeking exemption will be taken up for consideration.
Abdullah submitted that he is 80-year-old senior citizen and not presently in Srinagar and after being fully aware of the presentation of charge sheet, he having regards for the Court, has presented the application and undertakes to cause personal appearance as and when directed.
Raising first objection to the application of Abdullah, the CBI submitted that the Counsel for accused-Abdullah has not placed on record any power of attorney as also his age cannot be a hindrance in the appearance before the Court as such the application is not maintainable at this stage as the process has not been issued by the Court against the accused who has to appear in person.
The CBI further contended in opposition to the application seeking exemption from personal appearance that the accused has not given a schedule date or time of his arrival and he has to submit to the court and make his physical appearance.
“The evidence in the charge-sheet established the role of the accused for misappropriation of funds of JKCA and the question of bail at this stage does not arise besides the accused/applicant has not appeared before the Court in person”, the CBI objected.
Counsel representing Abdullah could not show to court any provision regarding the subject wherein the accused can be admitted to bail without causing personal appearance before the court.
Court after applying the provision of Code of Criminal Procedure and various judgments observed that it is by all means clear that the accused has to appear before the court and cause physical appearance so that he can be admitted to bail.
“…Here in the instant matter appearance means physical appearance and in that sense means, presents and surrenders himself before the court”, CJM recorded in the order.
Court said, the charge-sheet has been presented before the court for adjudication which itself clarified that the investigation is complete and none of the accused is required for any custodial interrogation, nor the investigating agencies has laid down any motion for issuance of any process.
“…The applicant/accused be produced by the counsel for the applicant for admitting the accused to bail and thereafter the application for exemption will be taken up for consideration”, court directed and put up the matter again on August 29 for further proceedings.
Meantime, challan copy has been furnished to counsel representing Farooq Abdullah.
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