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SC keeps indicted Srini out of BCCI for fair probe

Abraham Thomas

The Supreme Court on Wednesday revealed that the conduct of as many as 12 leading players, along with suspended BCCI president N Srinivasan, was under scrutiny in the confidential report on IPl betting prepared by Justice Mukul Mudgal panel.

Maintaining that a fair probe into the IPl betting scandal was not possible without keeping Srinivasan out of office, the court said that he will have to stay out till the investigation is over. “Above instances are only allegations which are not established. In support of each of the 12 allegations, they (Committee) have annexed documents. Having come to our notice we cannot close our eyes,” said the Bench of Justices AK Patnaik and FM Ibrahim Kalifulla, revealing for the first time portions from the report kept in sealed cover with the court.

The court is hearing a matter where Cricket Association of Bihar has locked horns with BCCI over slipshod probe into IPl betting. The court asked the BCCI to respond by Tuesday on how it proposed to enquire into the “serious” allegations contained in the report.

Taking caution not to sully the reputation of the 12 Indian players facing the charges, the court said, “We are interested in the game of cricket and reputation of our players. If we share the report and it goes to the media what will happen to the great reputation of our players. That’s our concern.”

However, the Bench read out the portion containing charges against Srinivasan. “All that the report says about him is that when the allegations 1 to 12 were brought to the notice of Srinivasan as president of BCCI, no action was taken.” Wondering how to proceed with enquiry into the allegations, the Bench reiterated,

“If the BCCI is to be given the task of investigation, certainly it cannot be Srinivasan. It has to be done without him. Till this report is investigated, Srinivasan cannot come back.” This was a new ground to keep Srinivasan out. Earlier, the court had asked him to step down as the BCCI president on the ground that a fair investigation cannot be expected with him at the helm when his son-in-law Gurunath Meiyappan was being investigated for his role in the IPl betting scam.

The court had since handed over the reins of the BCCI to two interim presidents, Sunil Gavaskar for IPl and BCCI vice-president Shivlal Yadav for routine affairs of the Board. With the new allegation facing Srinivasan, the Bench said, “The Committee has said he (Srinivasan) has not taken these allegations seriously when it was brought to his knowledge. If he is to be there, then how can there be a serious investigation.”

The court suggested the BCCI to consider a panel of people with integrity, suggesting that except Srinivasan it has faith in other BCCI members. It even proposed a special investigation team (SIT) but wish to keep the CBI or police out. “We are concerned about betterment of cricket. Directing the CBI or SIT it would affect the institutional autonomy of the BCCI, which we are keen to protect.”

Responding to an affidavit by the BCCI seeking re-instatement of Srinivasan as by-laws do not provide for an interim president, the Bench shot back, “Will the court not have power to make an interim arrangement or be bound by your Constitution.”

The court even considered appointing a lawyer as amicus to assist on behalf of Mudgal Committee. As the IPl Season Seven commences, the court allowed the IPl Chief Operating Officer Sundar Raman, also facing charges in the IPl betting row to continue. The court had received a letter from interim president Gavaskar who claimed his inability to decide on Raman’s continuation as he was not privy to the material gathered by the investigating authority against him.