HC restrains former JKCA treasurer from withdrawing FDRs

Excelsior Correspondent

Srinagar, July 9: The High Court today restrained the former treasurer of Jammu and Kashmir Cricket Association (JKCA) from withdrawing any amount deposited in the shape of FDRs in J&K Bank.
Justice Tashi Rabstan while hearing the plea of former treasurer of JKCA Ahsan Mirza challenging the notice of Enforcement Directorate (ED) for taking possession of the attached FDRs in J&K Bank Branch Lajpat Nagar, New Delhi, directed the notice of the ED shall not be acted upon till next date of hearing before the bench. Court also directed the petitioner-Mirza to file an undertaking before the court to the extent that he will not withdraw the amount in question from the bank.
Court has sought objection within weeks time from the ED to the plea of Petitioner-Mirza. Assistant Director, ED, Srinagar has issued notice for taking possession of the attached property on June 28 against the former treasurer of JKCA-Ahsan Mirza under PMLA. His counsel submitted that the notice being ultra-vires the power, authority and jurisdiction as by law vested in the ED under Section 5 & 8 of PML Act and challenges the action of the ED.
The CBI after investigating certain offences alleged to have been committed by various office bearers of the then JKCA led by Farooq Abdullah and filed a charge-sheet against various former office bearers of JKCA, including petitioner-Mirza under Sections 406, 409, and 12-B of RPC.
The said charge-sheet prompted the ED to register an ECIR and investigations were carried out resulting into provisional attachment order wherein the properties of the petitioner-Mirza were also attached.
The provisional attachment order was confirmed by the adjudicating authority under PML Act at New-Delhi. In sequel to the order of confirmation of provisional attachment order, the petitioner-Mirza has been served with notice issued under sub-section 4 of section 8 of PML Act directing the respondent -Bank to transfer the FDRs existing in the name of Mirza in JK Bank Lajpat Nagar, New-Delhi in the bank account of Assistant Director ED.
The total amount in shape of FDRs in the said bank is Rs 12,073,583 which is already attached by ED and the petitioner seeks quashing of impugned notice for taking possession of attached property by Assistant Director ED on the ground that it is without jurisdiction and authority vested in section 5&8 of PML Act.
He sought that the same be treated as non-est in law and desist, refrain and forebear from proceeding in furtherance of the notice in question for taking possession of the attached property of the petitioner-Mirza.
“You are, therefore, by this notice, directed to transfer the amount Rs 1,15,23,393 along with interest accrued thereon to till date to the account of Assistant Director ED as the said properties belong to Govt of India”, Assistant Director ED said in notices to Branch Manager JK Bank, Lajpat Nagar, New Delhi.
Petitioner-Mirza is one of the accused in a challan filed by Central Bureau of Investigation in multi-crore Jammu and Kashmir Cricket scam before the trial court
Funds which were provided by Board of Control for Cricket in India (BCCI) to JKCA for promoting cricket activities in the erstwhile State, were allegedly embezzled and misappropriated resulting into filing of PIL before the court which was decided by the Division Bench the direction to CBI to investigate the scam.