Parvaiz wani(CNI)
Srinagar, The high court of Jammu & Kashmir and Ladakh has stayed proceedings of a criminal complaint filed against two relatives of former chief minister Ghulam Nabi Azad.
Justice Rajesh Sekhri issued the order while hearing a petition filed by Yawar Ahmed, a kin of former CM and proprietor of Chenab Enterprises. The other person named in the complaint–Mubashar Ali Butt of Gandoh in Doda–is also former CM’s kin.
The court of sub-judge (JMIC), Jammu, had initiated proceedings against the duo on a complaint filed by Mehran Anjum Mir of Gandoh, a political activist of Aam Aadmi Party.
Mir had named Yawar Ahmed and Mubashar Ali Butt as accused. Mir is also one of the directors of M/s Hyber Hightech Innovative Engineering and Infrastructure Pvt Ltd, the company involved in the dispute.
The court, while issuing notice to Mehran Anjum Mir, also issued notice to proforma respondent Mubashar Ali, who is also the director of M/s Hyber Hightech Innovative Engineering and Infrastructure Private Limited.
When this petition came up for hearing, advocate Arshad Majid Malik appearing for Yawar Ahmed, proprietor Chenab Enterprises, submitted that firm of the petitioner was hired by M/s Hyber Hightech Innovative Engineering and Infrastructure Private Limited for providing dumper (transport services) and in fact a work order was issued in favour of petitioner Yawar Ahmed by M/s Hyber Hightech Innovative Engineering and Infrastructure Private Limited.
Advocate Malik further submitted that pursuant to the work order dated May 5, 2024, petitioner Yawar Ahmed provided all the requisite transport services, including dumpers.
For rendering the services, M/s Hyber Hightech Innovative Engineering and Infrastructure Private Limited issued a Cheque No. 415911 dated April 9, 2025, amounting to ₹43 lakhs in favour of the petitioner Yawar Ahmed from J&K Bank Limited.
The said cheque was signed by both the directors namely Mehran Anjum Mir and Mubashar Ali. Yawar presented the cheque before J&K Bank and the amount of ₹43 lakhs was credited into his account maintained at branch Bantalab of J&K Bank Limited.
Advocate Malik argued that thereafter two payments of ₹10 lakhs were made by Yawar Ahmed on April 9, 2025, from his account.
However, the petitioner was later told by the senior manager of the Bank that no further payment will be released from his account. The senior manager cited an email sent by one of the directors namely Mehran Anjum Mir of M/s Hyber Hightech Innovative Engineering and Infrastructure Private Limited that no further payment be released from Yawar Ahmed’s account.
Advocate Malik further submitted that with a view to deprive the petitioner Yawar Ahmed from his due payment, the director Mehran Anjum Mir filed two false and frivolous complaints levelling baseless allegations against the petitioner, the J&K Bank Limited, branch JK BOSE/Bantalab and Mubashar Ali Butt.
The sub-judge (JMIC), Jammu, had directed J&K Bank too freeze Yawar Ahmed’s account and Chenab Enterprise’s account and directed Bhatindi police post inchargeto file action taken report in the matter.
“Besides this, Mehran Anjum Mir also initiated a slanderous campaign against Yawar Ahmed and Mubashar Ali Butt, both close kins of former chief minister and forwarded the mischievous messages to the top dignitaries of J&K, including their uncle Ghulam Nabi Azad, with a view to tarnish the image of the petitioner before their uncle and other family members,” said advocate Malik.
Advocate Malik further submitted that the trial court committed an error by issuing the impugned directions without hearing the petitioner Yawar Ali, who is legally entitled to the amount of ₹43 lakhs, for which both the directors of M/s Hyber Hightech Innovative Engineering and Infrastructure Private Limited issued the cheque. “The impugned order of the trial court has resulted in miscarriage of justice as well as the reputation of the petitioner has been tarnished because of the illegal act of Mehran Anjum Mir,” submitted Advocate Malik.
After considering submissions of advocate Malik, justice Rajesh Sekhri stayed the proceedings before the trial court and directed the registry to list this matter for further consideration on August 19.(CNI)