Excelsior Correspondent
JAMMU, July 13: State High Court has dismissed the petition filed by Dr Farooq Abdullah’s group challenging release of 34 Cash Credit Receipts worth Rs 34 crore to the Jammu and Kashmir Cricket Association (JKCA) headed by Minister for Sports Imran Raza Ansari.
The petition was filed by M L Nehru seeking quashment of order dated March 19, 2016 passed by the Special Judge Anticorruption CBI Cases Kashmir whereby on the application filed by the General Secretary, Iqbal Ahmad and the Treasurer, Sheikh Abdul Rouf of the J&K Cricket Association (JKCA) 34 Cash Credit Receipts (CCRs) seized by the police during investigation in FIR No. 27/2012 of Police Station Ram Munshi Bagh have been released in favour of the JKCA through its General Secretary.
These CCRs relate to the amount provided by the Board of Control for Cricket in India (BCCI) to the JKCA for utilization for development of cricket in Jammu and Kashmir. The FIR No. 27/2012 was registered on a report lodged on behalf of the previous body of the office bearers of the JKCA and the CCRs in question were seized when the case was under investigation by the State Police and were later handed over to the CBI after the investigation of the case was transferred to the Central Government agency.
The case of the petitioner is that the office bearers of the JKCA were elected in an election held on 12.05.2014. In that election, Dr Farooq Abdullah was elected as the President of the Association and petitioner (M L Nehru) was elected as General Secretary. During current tenure of the body, a parallel body was constituted pursuant to a notice dated 20.07.2015 issued by one of the office bearers of the Association Rakesh Kumar (Vice Chairman).
The notice and action in furtherance thereto were challenged in a suit before the court of Sub Judge (Excise Magistrate), Jammu which vide its order dated 20.07.2015 granted interim injunction , which was confirmed by a further order dated 15.09.2015. In spite of the temporary injunction by the court, a so called meeting was convened in which a parallel body headed by Minister for Sports Imran Ansari was constituted.
In yet another civil suit, the court of District Judge Srinagar by its order dated 01.08.2015 issued temporary injunction that the members and office bearers elected in the election held on 12.05.2014 shall not be ousted from their posts. During pendency of these civil matters, someone at the instance of the so called parallel body filed a suit before the court of the Sub Judge Baramulla which issued a direction whereby the communication issued by the General Secretary (petitioner) was kept in abeyance, the petition said.
After hearing Advocate M A Chashoo for the petitioner whereas Senior Advocate Sunil Sethi with Advocate Parimoksh Seth for the BCCI, Justice Janak Raj Kotwal observed, “it is admitted case of both the sides that the amount deposited against the CCRs sought to be released has been allotted by the BCCI to the JKCA for utilization by the latter. It is admitted on behalf of the BCCI that after the election of the body of the office bearers of the JKCA headed by Imran Ansari, the BCCI for all practical purposes is dealing with this body”.
“It is stated on behalf of the BCCI that it has no objection to the release of the amount in favour of this body provided proper utilization of the amount is safeguarded. In the situation so emerging, court in releasing the CCRs in favour of the body headed by Imran Ansari cannot be said to have committed any illegality, much less a patent illegality calling for interference by this court in exercise of inherent jurisdiction under Section 561-A CrPC”, Justice Janak Raj Kotwal said.
With these observations, High Court dismissed the petition and upheld the order passed by Trial Court, subject, however, to the condition that before seeking encashment of the CCRs from the bank(s), the body in whose favour the release has been ordered, shall obtain fresh permission from the BCCI to utilize the amount and shall follow the instructions/conditions as may be imposed by the BCCI.
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