BCCI gets notice from Madras High Court on IPL
On July 14, the committee imposed a life ban on Gurunath Meiyappan and Raj Kundra from the BCCI
By : DC Correspondent
Update: 2015-08-22 01:45 GMT
Chennai: The Madras High Court has ordered notice to the BCCI and India Cements Ltd on the maintainability of a petition filed by CSK Cricket Limited, which challenged an order of the Justice R.M. Lodha Committee suspending the team from IPL for two years.
A division bench comprising Chief Justice Sanjay Kishan Kaul and Justice T.S. Sivagnanam also permitted Cricket Association of Bihar to be impleaded as a party to the proceedings and posted further hearing of the case to August 27.
In its petition, CSK contended that Justice Lodha committee ought to have heard it before passing the suspension order, as the panel was duly informed that ownership of the team had changed from India Cements Limited to CSK Cricket Ltd.
Justice Mudgal committee, which probed illegal betting and spot fixing allegations, was formed by the Supreme Court on October 8, 2013 and it filed its report on February 9, 2014. After its report, the apex court formed the Lodha Committee to determine the quantum of punishment. On July 14, the committee imposed a life ban on Gurunath Meiyappan and Raj Kundra from the BCCI and cricket activities and suspended Chennai Super Kings and Rajasthan Royals for a period of two years.
When the petition filed by CSK came up for hearing, senior counsel Dushyant Dave, appearing for CSK, submitted that the evidence and inquiry surrounded only Gurunath Meiyappan as an individual and hence the question was whether the punishment could be imposed on the team for the malfeasance of an individual.
Referring to the fact that Gurunath Meiyappan was the son-in-law of India Cements Chairman and former BCCI president N. Srinivasan, Dave asked “Can a team be indicted due to the conduct of an individual, be him son or son-in-law of someone. The brand dies, team dies and the city itself loses, during the two years.”
The current issue related to CSK as a team. The brand dies, team dies and the city itself loses, during the two years, he added. In its order, the bench said, referring to the order of the Supreme Court, Dushyant Dave submitted that the right of the aggrieved party seeking redress in appropriate judicial proceedings in accordance with law has been granted and the Apex court has not stated that the aggrieved party would have to move only the Supreme Court. He also seeks to raise the issue of right of appeal.
“In view of the aforesaid position, we are inclined to direct the petition to be numbered subject to the issue of maintainability being decided in view of the contents of the petition. We would like to hear the concerned parties on the issue of maintainability of the petition first in the context of the relief sought in the past proceedings and orders passed by the Supreme Court before we proceed to examine the issue on merits”, the bench added.