Jammu, May 19 (JKNS): The High Court of Jammu & Kashmir and Ladakh has quashed an FIR registered against former Ranji cricketer Majid Yaqoob Dar in an alleged date-of-birth manipulation case, observing that criminal law cannot be permitted to degenerate into a weapon of persecution.
Details available with news agency JKNS stated that, Justice Wasim Sadiq Nargal, while allowing the petition seeking quashment of FIR No. 26/2023, held that continuation of criminal proceedings in the present case would amount to abuse of the process of law, especially when the complainant organisation itself had found the allegations to be baseless.
The Court was hearing a petition challenging the FIR lodged by the Crime Branch Kashmir along with the original complaint filed by the then Chief Executive Officer of the Jammu and Kashmir Cricket Association (JKCA), preliminary verification proceedings and related communications issued by the Economic Offences Wing.
The allegations pertained to an alleged discrepancy in date of birth, wherein the petitioner was accused of showing his birth year as 1978 instead of 1970 in order to secure registration and other benefits in Ranji Trophy tournaments.
However, during the course of proceedings, the JKCA conducted an internal inquiry and later withdrew the complaint, terming the allegations unsustainable. The Association also communicated that the claims lacked merit and were devoid of logic.
The High Court took note of the internal findings of JKCA’s Sub-Committee, which observed that the allegations appeared motivated and linked to internal disputes within the association. It was also noted that the player had already represented Jammu and Kashmir in senior tournaments and his records stood verified.
The Court further recorded the statement of Brigadier Anil Gupta (Retd), Member Administration JKCA, who submitted that the association did not wish to pursue the matter further and sought closure of the FIR. He also clarified that there was no issue of public funds or misappropriation involved in the case.
Justice Nargal observed that once the complainant itself had disowned the allegations, continuation of proceedings would serve no useful purpose.
“Criminal law cannot be permitted to degenerate into a weapon of persecution or be utilized for oblique purposes arising out of personal or institutional rivalries,” the Court observed.
Relying on Supreme Court judgments including State of Haryana vs Bhajan Lal and Mohd Wajid vs State of UP, the Court reiterated that inherent jurisdiction can be exercised where proceedings are maliciously instituted or lack bona fide basis.
Holding that the substratum of allegations no longer survived, the Court ruled that continuing the case would amount to unnecessary harassment and abuse of legal process.
Accordingly, the High Court quashed FIR No. 26/2023, the original complaint dated September 12, 2020, preliminary verification proceedings and all consequential actions arising therefrom. (JKNS)
