Srinagar: A court in Jammu and Kashmir on Thursday (March 12) issued non-bailable warrants against the National Conference (NC) president Farooq Abdullah and another accused in J&K Cricket Association (JKCA) ‘scam’. The local court later on the same day recalled the warrant issued against Abdullah.

When the hearing in the Rs 43-crore ‘scam’ which continues to haunt Abdullah at the fag end of his political career resumed on Thursday morning, senior advocate Ishtiyaq Khan sought to file a plea before the court in Srinagar seeking exemption of the NC president from personal appearance.

However, the court of Chief Judicial Magistrate Srinagar (CJM) Tabassum turned down the application. The CJM gave  cAbdullah the option of appearing in virtual mode to pave the way for framing of charges in the case. 

“The counsel (of Abdullah) … stated that the accused could neither physically nor via virtual mode appear before the court. Application for exemption is rejected. Office is directed to issue NBW (non-bailable warrant) against accused number five,” the court said. 

Abdullah is ‘accused number five’ in the alleged scam along with the then JKCA treasurer Ahsan Ahmad Mirza and four others which also include some office-bearers of the cricketing body which has been investigated by the Central Bureau of Investigation (CBI).

Later, the warrant was recalled after Abdullah's lawyer, Khan, filed an application seeking its recall, citing medical advice against travel due to the assassination attempt on the former chief minister on Wednesday night.

The court had convened to frame charges in the case involving alleged financial irregularities worth around Rs 43 crore between 2002 and 2011 when Abdullah headed the cricketing body.

The NC president has denied the charges, terming them as “politically motivated”.

The CBI which took over the investigation in the case on the directions of the J&K high court in 2015 has said that the embezzled funds were part of a Rs 100 crore BCCI grant meant for the development of cricket in J&K.

The court also turned down the application of Manzoor Gazanfar Ali (accused number three) who had sought exemption from personal appearance in the case while issuing a non-bailable warrant against him. 

Later, the matter was listed for recording the statements of the accused on March 30, “In case any of the accused fails to appear before the court, appropriate orders shall follow,” the court noted. 

The other accused in the case are Mohammad Saleem Khan, Bashir Ahmad Misgar and Gulzar Ahmad Beigh, all residents of Srinagar who were present in the court on Thursday. Ali and Beigh are approvers in the CBI’s case.

Earlier, the court held on March 6 that the offences under sections 120-B (criminal conspiracy), 406 (criminal breach of trust) and 409 (criminal breach of trust by a public servant) of the Ranbir Penal Code were prima facie made out against the accused.

The court however turned down the application of the Enforcement Directorate (ED) which had sought to become a party in the case.

"Keeping in view the facts and circumstances of the case, provisions of law and Judicial precedents, ED cannot be made as a party in a case which is investigated, filed and prosecuted by the CBI and where no scheduled offence is disclosed in the charge sheet by the CBI,” the court observed on March 6.

The warrant against Abdullah came a day after the NC president and former chief minister of Jammu and Kashmir survived an assassination attempt in Jammu when a man tried to open fire at him with a revolver from point-blank range. 

The accused Kamal Singh Jamwal who is believed to be affiliated with the Hindu rightwing groups in Jammu was later arrested by police and the weapon of offence was also recovered from his possession.

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