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HC transfers JKCA scam probe to CBI
9/3/2015 11:11:04 PM
Early Times Report

Jammu, Sept 3: A High Court Division Bench of Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat today handed over investigation in the alleged multi-crore JKCA (Jammu and Kashmir Cricket Association) scam to CBI.
The bench directed CBI to bring the probe to a logical conclusion as expeditiously as possible, preferably within six months.
A written complaint was lodged by some members of the JKCA working committee regarding some bogus accounts allegedly being run by previous office bearers namely Mohammad Aslam Goni, Saleem Khan and Ahsan Mirza. JKCA treasurer Manzoor Ahmad Wazir noticed discrepancies in the audit reports and bank statements and brought the matter to the notice of association president Farooq Abdullah. He deputed JKCA chairman Aslam Goni to ascertain the facts.
The bench observed that the probe committee had noticed that Chartered Accountant Altaf had prepared the audited statement in 2010-11 on the basis of the statements furnished to him by Mirza who did not furnish the actual CCRs and other documents and Bank Accounts of the Association.
The Committee also noticed that CA had recorded a certificate on the audited report that all the figures/statements incorporated in the audited accounts were subject to physical verification and confirmation. It further noticed that all the three office bearers had signed the audited statement of 2010-11, thereby imputing knowledge of the happenings in the accounts of the association and thus concealed some Bank Accounts.
The Working Committee was informed that after submission of interim report by the Committee a case was filed at Jammu Wing of this Court challenging the authority of the President, JKCA, to constitute the said in-house Probe Committee.
The Working Committee asked the Probe Committee to go ahead with the finalization of the report after providing opportunity of being heard to accused Ahsan Mirza, Saleem Khan and Aslam Goni.
The court observed that the dictum of law enunciated by Supreme Court is loud and clear. Section 6 of Delhi Special Police Establishment Act, 1946 is no bar for this Court to direct investigation by Central Bureau of Investigation.
Having regard for the quantum and magnitude of the scam involving huge loss of public money and failure of State investigating agency to conduct the investigation with speed, fairness and objectivity and given the inordinate delay in concluding the investigation coupled with lack of credibility in the State Investigating Agency and also taking into consideration the serious allegations made against the beneficiaries involved including the influential and mighty, "we are of the considered opinion that it is a fit case where the investigation must be handed over to CBI for purposes of a fair and result oriented investigation."
The court directed Registrar Judicial, High Court of J&K, Srinagar, to send a copy of this Judgement to the Director, CBI, for taking the investigation in hand and bring the same to a logical conclusion, as expeditiously as possible, preferably within six months.
The bench observed that as regards prayer in respect of elections of JKCA, it is inappropriate to address the issue as the matter is stated to be sub judice before the civil courts and disposed of the PIL.
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