Possible life ban awaits ex-IPL chairman
New Delhi: The Delhi High Court, on Tuesday, allowed the BCCI to hold its Special General Meeting (SGM) to consider the disciplinary committee’s report on former IPL Commissioner Lalit Modi for alleged financial irregularities in the cricket league.
Justice VK Shali set aside the trial court’s September 21 order restraining the Board of Control for Cricket in India from holding its SGM scheduled for Wednesday.
“So far as appeal of the BCCI is concerned, it is allowed,” the court said.
The High Court also dismissed Modi’s cross-appeal against the decision of the lower court, which had declined to pass an interim order on his petition challenging the appointment of Sanjay Patel and Jagmohan Dalmiya in the BCCI by N Srinivasan.
“Appeal of Lalit Modi is dismissed for the reasons that the relief claimed by him is the same relief which he had already claimed in the main suit before the trial court….it will tantamount to a decree passed by the High Court,” it said.
Modi’s lawyers sought a copy of the order on an urgent basis saying they will file an appeal in the Supreme Court on Wednesday.
While rejecting Modi’s arguments questioning the appointment of Dalmiya and Patel, the court said Srinivasan continues to be the President of BCCI and he is also vested with some power to appoint them as functionaries of the Board.
The BCCI had moved the High Court challenging the trial court’s order restraining it from holding its SGM contending the lower court had no jurisdiction to pass such an order as the SGM is scheduled to be held in Chennai.
Modi, in his cross-appeal, had challenged the appointments of Patel as Secretary and Dalmiya as the interim chief of the cricket board in Srinivasan’s place.
On September 21, the trial court had in an ex-parte order restrained the BCCI from holding its SGM on Modi’s plea challenging Patel’s authority as BCCI Secretary in issuing the September 2 notices to him for considering the report of a three-member disciplinary committee comprising Arun Jaitley, Chirayu Amin and Jyotiraditya Scindia on September 25.
The trial court had also granted four days to the BCCI, Patel and Dalmiya to file their responses on Modi’s plea and posted the matter for September 30.
In his cross-appeal, Modi had contended the September 2 notice issued to him was without authority as Patel was not authorised and it was issued on the instructions of Srinivasan who, in the wake of IPL spot-fixing scam in which his son-in-law as an accused, has chosen not to perform the functions of BCCI President.
Modi was the IPL Chairman-cum-Commissioner during the first three editions of the tournament but was suspended immediately after the closing ceremony in 2010 on charges of financial irregularities in running the league as well as improper practices during the auction of two new teams before the third edition.
During the suspension, a three-member disciplinary committee, comprising Scindia and Jaitley along with president Srinivasan, was formed.
But Srinivasan recused himself and the erstwhile IPL chairman Chirayu Amin was made a member. Subsequently, Amin also recused himself and it became a two-member committee.
However by the time, Jaitley, who looked after the legal part, and Scindia, who looked into the charges of impropriety, submitted an exhaustive 400-page report, Srinivasan had stepped aside from discharging his functions as BCCI chief.
The SGM, which is likely to be chaired by president in-exile N Srinivasan, has been convened to discuss the report of the Diciplinary Committee on Modi and decide the quantum of disciplinary punishment. Two-third of the majority will need to vote in favour of Modi’s life ban.
It effectively means that a minimum of 21 votes are required out of the total 31 units to make the former IPL czar a persona non-grata in the world’s richest cricket board.
“Save Punjab Cricket Association (PCA), expect no other BCCI units to support Modi tomorrow. Even PCA’s case will depend on who attends the SGM – president IS Bindra who is a Modi backer or secretary MP Pandove who is not known to possess a hardline stance,” a BCCI official said.
A defiant Modi continued his tirade against Srinivasan and said he will not “sit back quietly” and watch the Tamil Nadu strongman “destroy” Indian cricket.
“Yes I made mistakes but I created the biggest brand of Indian cricket.
“I will bring up issues if he does anything wrong. I have learnt from my mistakes but Srinivasan is just opposite,” he said.
“I am not disappointed being banned because I am already suspended. I will deal with my suspension at my level. But Srinivasan getting re-elected will be a major disappointment for me and for Indian cricket fans,” Modi said.
Several BCCI officials have already started descending in Chennai for the meeting.
It is learnt that all the BCCI members have been invited to be part of three-day pleasure trip to Mahabalipuram by the current BCCI president before they are back in Chennai for the all-important Annual General Meeting of the Board on September 29. (PTI)
SC to hear plea to stop Srini from contesting
New Delhi: The Supreme Court said, on Tuesday, that it will hear the plea of Cricket Association of Bihar (CAB) seeking to restrain N Srinivasan from contesting for the post of BCCI President in the Annual General Meeting of the Board scheduled on September 29 in Chennai.
“All right. We will hear it on Friday,” a bench headed by Justice AK Patnaik said when the counsel for CAB sought an urgent hearing of the plea on the issue.
CAB, in its application, has sought “interim injunction retraining respondent number 2 (Srinivasan) from contesting for the post of President of respondent number 1 (BCCI) in the Annual General Meeting to be held on September 29 at Chennai.”
It has also sought a direction to the Board of Control for Cricket in India (BCCI) that Srinivasan be not inducted in any committee of the Board until the matter pending in the apex court is decided.
The court had earlier posted for October the hearing on cross appeals filed by BCCI and CAB against the Bombay High Court’s verdict declaring as illegal the probe panel appointed by the Board to look into spot fixing scandal.
It had on August 30 heard the petition filed by Aditya Verma, Secretary, CAB, challenging the high court’s order refusing to appoint a fresh committee to probe the scam.
The court had also issued notices to the BCCI, Srinivasan, his company India Cements, which owns IPL team Chennai Super Kings, and the Rajasthan Royals on the plea.
The CAB has pleaded that when the high court declared the panel of two judges as unconstitutional, it should have appointed a fresh committee to look into the issue.
The apex court had on August 7 refused to grant an interim stay on the high court verdict, derailing the plan of Srinivasan to return as chief of BCCI. (PTI)