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High Court Denies ED Bid to Add New Charges Against Farooq Abdullah

Reported by Danish Ansari (Fact-Checker) Β· The Hindu - National Β·

Unconfirmed β€” Reported by one source so far

Reported by one source so far

Worth knowing
GeneralHigh Court Denies ED Bid to Add New Charges Against Farooq Abdullah

The Jammu and Kashmir High Court has turned down a request from the Enforcement Directorate to add fresh property-related charges against National Conference president and former Chief Minister Farooq Abdullah in the JKCA scam case. Justice Sanjay Parihar stated in the order that the request to add charges under Sections 411 and 424 of the Ranbir Penal Code does not merit acceptance based on the material currently available. These specific sections deal with offences involving property acquired illegally or through asset manipulation. The court noted that the required ingredients for framing these additional charges are not made out at this stage. However, the court clarified that this decision does not block the trial court from altering or adding charges if new material emerges during the trial. Earlier, senior advocate Syed Faisal Qadri, representing Mr. Abdullah, argued that the application was moved to overcome jurisdictional hurdles under the PMLA rather than being based on any fresh material discovery. The ED had previously cited a CBI report regarding alleged funds of 112.13 crore rupees in the JKCA in 2012, claiming that about 43.69 crore rupees were misappropriated during Mr. Abdullah's tenure as president, with funds diverted to personal accounts for private business dealings. The CBI filed a chargesheet in 2018 following a 2012 court order, while the ED filed a fresh case in 2019 after which Dr. Abdullah was questioned multiple times. In 2024, the High Court had quashed the chargesheet filed by the ED.

ExplainerWhy this matters

What Happened

The Jammu and Kashmir High Court rejected an Enforcement Directorate plea to add new property charges against Farooq Abdullah in a long-standing cricket association graft case, ruling that current evidence does not support them.

Why It Matters

This ruling touches on the legal boundaries between different investigative agencies and penal codes in high-profile financial corruption cases. The defense successfully argued that the ED sought these extra charges merely to fix jurisdictional limits under the Prevention of Money Laundering Act after previous setbacks, highlighting how courts examine procedural grounds in high-stakes political graft investigations.

What Happens Next

The case remains with the trial court, where proceedings will continue based on the existing charges. The trial court retains the legal power to add new charges later if fresh material comes to light during the trial.

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