By S A Ishaqui
Hyderabad, Nov 8:The Andhra Pradesh High Court on Thursday granted relief to the former skipper of Indian cricket team and Lok Sabha member Mohammed Azharuddin by setting aside an order of the Board of Cricket Control in India passed by imposing life time ban on him from playing any cricket matches conducted or authorized by it or ICC or its affiliated associations and also debarring him from holding any position in ICC \BCCI or any of its affiliate association.
The Andhra Pradesh High Court held that match fixing and betting scandals in the cricket is nothing but the result to the inaction of the BCCI to take appropriate action as per the procedure established by law.
A division bench comprising Justice Ashutosh Mohunta and Justice G Krishna Mohan Reddy allowed an appeal by the former captain challenging an order of Second Additional Chief Judge, City Civil Court, Hyderabad. The bench set aside the order of the lower court in upholding the decision of the BCCI in debarring him from playing the cricket and also holding any position either the BCCI or ICC or association affiliated with the BCCI.
The BCCI has imposed ban on Dec 5, 2000 for his alleged involvement in match fixing scandal. Azharuddin challenged the decision before the lower court by filing a civil suit in 2001.
Azhar challenged the appointment of Madhavan as enquiry commissioner and also the ban imposed on him, naming BCCI, Madhavan and the then BCCI chief Muthiah as parties. His case was dismissed by the lower court on August 27, 2003. Then he moved the High Court.
Delivering the verdict Justice Mohunta said that the court held that an order of the BCCI holding that the plaintiff will not be eligible for any benefit matches conducted by the BCCI or it’s affiliated members and further directing the forfeiture of BCCI‘s contribution to his benevolent fund accrued as on the date of the said order shall also stands set aside.
Justice Krishna Mohan Reddy agreeing with the finding of Justice Mohunta, observed that “this case is one of the best example of a player wiggling out of the serious allegations
of match fixing, betting etc made against him mainly because of inaction of the BCCI to take appropriate action as per the procedure established by law. “
Justice Reddy found that “making allegation any body is one thing whereas proving those allegations, which requires placement of necessary evidence which can be substantiated, is another thing. Eventually the Board could not establish as to whether the player is guilty of the allegations made against him. None proving of the allegations does not amount to whether the guilty or not guilty of the charges, whereas it is only amounts to none proving of the charge.”
The judge pointed out that “it is also might be that the Board action post haste under self imposed compulsion in view of existence of various circumstances then.This monopolized, unreasonable and whimsical attitude of the board is highly deprecated".
Azharuddin's name was figured in the match fixing scandal which shook the cricket playing nations, was banned for life by BCCI after former CBI official K Madhavan conducted an inquiry into the scandal. The match fixing scandal broke out following the availability of strong evidence against former South African skipper Hansie Cronje and some others having links with bookies and many names rolled out during the investigation which culminated in an inquiry followed by the ban. The stylish Hyderabadi batsman and another cricketer Ajay Jadeja banned for life from playing cricket.
After quashing the ban order by the BCCI against Jadeja by an arbitrator, Azharuddin moved the Second Additional Chief Judge of City Civil Court, Hyderabad, through a petition under section 89 of Civil Procedure Code seeking to refer the matter to arbitrator in November 2002 citing Jadeja's case. In Azhar's case, the BCCI opposed the plea. After hearing both sides, the judge dismissed the petition on June 28, 2003.
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1 comment:
match fixing goes back to the late 70's.Most of the world teams have been involved in match fixing especially in cricket.The whole indian team of Azharuddins era was involved in match fixing and azharuddin was used by the BCCI big wigs to indulge in the same.Azhar was just a convienent scapegoat."SAD REALLY"
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