Chennai Super Kings (CSK) and Rajasthan Royals were on Tuesday suspended from the Indian Premier League (IPL) for two years by the Supreme Court-appointed Justice Lodha Committee in the spot fixing and betting scandal that rocked the cash-rich Twenty20 tournament in 2013.
Former CSK team official Gurunath Meiyappan and Royals co-owner Raj Kundra, both of whom were earlier found guilty of betting, were suspended for life from any cricketing activity undertaken by the Board of Control for Cricket in India (BCCI). The guilty duo were also suspended from any cricket related activity for a maximum period of five years.
“His (Meiyappan) habit of regularly placing bets in IPL matches renders the argument of his being first offender and unblemished antecedents in previous IPL tournaments of no worth. That he suffered loss of Rs.60 lakh in bets shows that he engaged himself in heavy bets. It is his bad luck that he did not make money out of these bets,” Justice Lodha said at a press briefing.
“Any agony suffered by him because of media coverage or any hardship that may have been caused to him is too small in comparison to the huge injury he caused to the reputation and image of the game, IPL and BCCI,” Justice Lodha said.
“If the reputation, image and spirit of the sport are lost, what remains? Being 40 years of age, he is not young but middle-aged. It is difficult to accept that he has passion for the game. Any person who has true passion for the game would not be involved in betting.”
Meiyappan is the son-in-law of former BCCI president and current International Cricket Council (ICC) chairman N Srinivasan. When approached by media channels, Srinivasan said: “Don’t want to speak on this issue, associated with CSK It has nothing to do with me, why should I step down?”
Kundra is an Indian-origin British businessman who is married to Bollywood actress Shilpa Shetty. Kundra, who owned 11.74 percent of shares in Rajasthan Royals before giving them away in March, was also handed the same sanctions as Meiyappan, which the committee said commence with immediate effect.
In his initial reaction to the committee verdict, Kundra tweeted:” Many inaccuracies. Have requested for a copy of the judgment. Obviously very shocked and disappointed.”
The verdict, read out by former Chief Justice of India Justice RM Lodha in the presence of the other committee members, said the cricketers who were part of the two teams were free to join any other outfit.
The Supreme Court on January 22 set up the committee comprising Justice Lodha, Justice Ashok Bhan (retired) and Justice R Raveendran (retired) to determine the quantum of punishment for Meiyappan, Kundra and their respective franchises. In March, the panel had also issued a show cause notice to Meiyappan and Kundra seeking their response to the committee findings.
In addition, Lodha said the fate of ex-IPL Chief Operating Officer (COO) Sundar Raman, who is also alleged to have been involved in wrongdoing, is yet to be ascertained as the investigation against him is ongoing.
The committee was also requested to examine and make suitable recommendations to the BCCI for reforms in its practices and procedures and amendments in the memorandum of association, rules and regulations. Lodha said this would be done in due course of time.
Following pronouncement of the order, BCCI president Jagmohan Dalmiya said the Indian cricket board will honour the verdict.
“BCCI is committed to honour and respect judicial decisions and it would give its observations after the entire report is read and a collective decision is taken,” said Dalmiya.
He added that the BCCI is committed to ensuring transparency, accountability and cleansing the sport in order to restore the faith and confidence of millions of cricket loving people in cricket in general and IPL in particular.
BCCI secretary Anurag Thakur added: “We respect the verdict and would undertake a collective decision in a transparent manner in the right direction and in the larger interest of the game after the verdict analysed.”
Justice Mukul Mudgal (retired), whose probe panel earlier found Meiyappan and Kundra guilty, hailed the verdict and said it was a strong step.
“It is a strong punishment. It is an appropriate one. It will go a long way in cleansing the game of cricket. Public faith will be restored. It says, however, high a person may be, action will be taken against him,” Mudgal said.
Secretary of the unrecognised Cricket Association of Bihar (CAB) Aditya Verma, who is the petitioner in the IPL spot fixing case, demanded that the BCCI should withdraw Srinivasan’s nomination as its representative in the ICC
“I am very happy with the verdict of Justice Lodha Committee. Those who have brought disrepute to the game should be done away with by the BCCI I want BCCI to form a special committee and throw Srinivasan out of the Indian cricket board forever,” Verma said.
“I also request the BCCI to cancel his (Srinivasan’s) BCCI representation in ICC after this verdict. If BCCI does not adhere to my demands, then I will take BCCI to court regarding this matter.”
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A judge has a right to be independent in his judicial acts subject to control by higher judiciary, but does not have a basic fundamental right to perform administrative acts.
In summary, Judiciary does NOT have a fundamental right to appoint judges.
Independence of judiciary does NOT include right to perform the administrative act of selecting judges. Appointment of judges by judiciary is not a part of fundamental rights structure of the Constitution.
NJAC does not violate the basic structure of the Constitution.
PETITION CHALLENGING NJAC is untenable and SHOULD BE DISMISSED.
About this article - I am unable to understand how did SC end up delegating something to an ad-hoc body. Decision making cannot be delegated if I am not wrong.
Now Katju, Fali Nariman & Rajeev Dhawan are saying the same thing. Where was the SCBA when this illegal and unconstitutional order was passed by Judge Thakur's Bench in January 2015?
How can SC outsource its judicial decision making to a “committee” of what are only ordinary citizens. Was this part of another cover-up to save the real king-pins of the BCCI, we all know who they are, both BJP & Congressi. This outsourcing effectively converted a legal, judicial and law enforcement proceeding into an extra legal “mafia” settlement without legal sanction and validity, where the rule of law did not apply. Criminal consequences have been avoided by this drama. Note how this illegal determination and fraud on the Constitution and on the rule of law is being called a judgment, a verdict etc.
www.livelaw.in/justice-katju-questions-sc-decision-to-outsource-its-powers-of-punishment-to-lodha-committee-in-ipl-spot-fixing-issue-fali-agrees-with-katju-shaanti-bhushan-differs/
And Shanti Bhushan is again attempting to defend the indefensible. And what do Justice Lodha, Justice Ashok Bhan (retired) and Justice R Raveendran (retired) have to say for themselves.
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