Mumbai: In a severe blow to BCCI and its president-in-exile N Srinivasan, the Bombay High Court on Tuesday held as “illegal and unconstitutional” the two-member probe panel set up by it to look into spot-fixing and betting charges in the IPL tournament.
The High Court order comes just two days after the probe panel submitted its report on July 28, giving a clean chit to Srinivasan, his son-in-law and owner of Chennai Super Kings team Gurunath Meiyappan and Raj Kundra, owner of Rajasthan Royals and husband of actress Shilpa Shetty.
A division bench of justices SJ Vazifdar and MS Sonak was hearing a public interest litigation filed by Cricket Association of Bihar and its secretary Aditya Verma challenging the constitution of the two-member commission, set up by the (Board of Control for Cricket in India) BCCI and IPL Governing Council to probe allegations of betting and spot fixing.
The bench, while allowing the PIL, said the constitution of the probe panel was “illegal and unconstitutional.”
“We have succeeded and the court has accepted our contentions. It is now upto the BCCI to see what is to be done next,” advocate Amit Naik, who appeared along with senior counsels Virendra Tulzapurkar and Birendra Saraf for the petitioner, said.
The petition alleged blatant bias by former BCCI president Srinivasan in the light of mounting allegations against himself and in constituting the probe panel as he is the Vice Chairman and Managing Director of India Cements Ltd, which owns the IPL team – Chennai Super Kings.
The PIL urged the court to direct the BCCI to recall its order constituting the probe panel and instead the court shall form a panel of retired judges as it may deem fit to hold inquiry against Meiyappan, India Cements Ltd and Jaipur IPL Cricket Pvt Ltd with regard to their involvement in spot fixing and betting.
BCCI and Srinivasan, in their reply affidavits, termed the petition as “motivated and vested with personal interests.”
A defiant Srinivasan today made it clear that he will attend the Working Committee meeting in New Delhi on August 2, which is expected to draw up the future course of action.
“Yes, I will be attending the BCCI working Committee meeting in New Delhi on August 2,” Srinivasan told PTI.
When specifically asked in which capacity he will be attending the meeting, Srinivasan gave a terse reply, “Come there and see for yourself as to what capacity I will be attending the meeting!”
Tamil Nadu Cricket Association (TNCA) is a permanent member of the BCCI Working Committee and Srinivasan might as well attend the meeting by virtue of being the president of the state association.
Normally, Srinivasan confidant and former India Cements employee Kashi Viswanathan represents TNCA at such meetings.
Srinivasan also took an aggressive stance when asked about the ruling of the Bombay High Court on the probe panel which was formed to inquire into the IPL spot-fixing scandal.
“I don’t know why you people are making a big issue. A writ was filed and the court has given its verdict. The matter finishes there. I have no further comments to make on this issue,” he said.
According to a BCCI source, the Working Committee will take a decision on whether to immediately appeal against the verdict in the Supreme Court or wait till the police authorities complete their probe in the matter.
Moments after the High Court order came out, the BCCI’s top officials started consultations on the implications of the development.
Srinivasan, who was expected to be back at the helm of affairs after stepping aside for the duration of the BCCI inquiry, also had a meeting with his lawyers.
The development came as a setback for Srinivasan’s return to the BCCI top post since the entire probe report’s validity itself is under question.
Meanwhile, BCCI secretary Jaywant Lele said the Board’s internal enquiry panel was an “eyewash”.
“Bombay High Court has taken a very correct decision. According to me also this (BCCI’s internal enquiry) was an eyewash. The judges appointed in the two-member committee were the people of N Srinivasan.
“How is that on the day of the Working Committee meeting, the report is submitted in the morning and in the evening the two people (N Srinivasan’s son-in-law and team principal of Chennai Super Kings Gurunath Meiyappan and Rajasthan Royals’ co-owner Raj Kundra) were set free? It is nothing but fraud,” Lele said.
“We have to wait until the proceedings in the court are finished. The result will come in due course of time,” Lele added.
Lele said the moment Meiyappan agreed to betting in IPL matches, the franchise has no right to stay in the IPL.
“The board constitution is clear that any close relative of the franchise owner is found in any sought of misconduct he has no right to stay. The moment Meiyap-pan agreed with the police that he had betted, Srini-vasan’s term ends,” he said.
The IPL spot-fixing scandal broke out when India pacer S Sreesanth, along with two other Rajasthan Royals players Ajit Chandila and Ankeet Chavan and 11 bookies, was arrested for alleged spot-fixing in the IPL.
The contracts of the tainted players were terminated by their franchise, which also lodged a criminal complaint against them.
It snowballed into a crisis for the BCCI when Board President N Srinivasan’s son-in-law and Chennai Super Kings Team Principal Meiyappan was arrested on charges of betting on May 26.
A internal probe panel, originally comprising former judges Chouta, Balasubramanian and the then BCCI Secretary Sanjay Jagdale, was constituted on May 28 to investigate the allegations against Meiyap-pan, who maintained his innocence after getting bail.
Srinivasan, who owns the CSK franchise, remained defiant through the turmoil and refused to resign but had to step aside as BCCI President after a stormy emergent Board meeting on June 2 where Dalmiya took charge of an interim arrangement to run the Board’s affairs pending the inquiry.
The upheaval led to the resignations of Board Secretary Sanjay Jagdale and Treasurer Ajay Shirke, who asked Srinivasan to resign on moral grounds. (PTI)