Modi hits back at BCCI, lawyer calls SGM 'khap panchayat'
Press Trust of India / Mumbai Jun 23, 2010, 19:06 IST
Suspended IPL Commissioner Lalit Modi today hit back at the BCCI, questioning the legality of its July 3 Special General Meeting convened to determine his fate and called it a "khap panchayat".
His lawyer Mehmood Abdi also accused the Board of sweeping under carpet all the allegations Modi had made against BCCI Secretary N Srinivasan.
"Now it is not a Lalit Modi and Srinivasan fight but evidence of the manner in which the country's premier sport body is being administered. Complaints making serious charges against the Secretary have been made yet these are being swept under the carpet," Abdi said in a statement.
"Whereas President BCCI has recused himself, the Secretary BCCI, despite being in an utterly questionable position, is calling the shots. Best of luck to the Khap Panchayat of BCCI," he said.
His remarks comes a day after Srinivasan rejected Modi's defence, calling it "unacceptable" and said he would seek ratification in the July 3 SGM to refer it to the Disciplinary Committee of the Board.
Abdi, however, called the July 3 meeting illegal.
"Convening of Special General meeting of BCCI by its Hony. Secretary N Srinivasan...Is only a cover up for inherent illegality committed by Secretary BCCI," he said.
Abdi contented that as per the Board's rules, the secretary can issue show cause notice as well as take further action on the reply to the show cause "only upon consultation with the President (Shashank Manohar)".
"While, the President BCCI, being an eminent lawyer had the grace to recuse himself from the matter, how could the Secretary BCCI decide to refer the matter to the Disciplinary Committee on his own and seek post facto approval of his decision by way of ratification by the General Body. It is like putting the cart before the horse," said Abdi, on behalf of his client who has been slapped with three show cause notices by the Board with charges of committing various irregularities in conducting the IPL.
Abdi also termed Srinivasan's contention that he was not satisfied with Modi's replies to the notices as a violation of the principles of natural justice.
"The subjective dissatisfaction of Secretary BCCI with regard to the replies of Mr Modi to the three show cause notices surpasses every yardstick of fair play and blatantly violates the principles of natural justice.
"Lalit Modi raised (a) serious issue and expressed pronounced apprehension about Secretary BCCI's fairness and bias against him. Therefore, Mr Srinivasan, had no business to take a decision on whether sufficient cause existed to refer the matter to the Disciplinary Committee," Abdi contented.
"He has entered the fray and taken a conscious decision to refer the matter to the Disciplinary Committee. In doing so, Mr Srinivasan has exhibited extreme impropriety and violated natural justice. The decision of Mr Srinivasan to refer the matter to the Disciplinary Committee is therefore bad in law and amenable to judicial review," Abdi remarked.
Instead of asking the general body to ratify "an illegal decision", Abdi contended that the right way would have been to leave the decision whether to refer the matter to the Disciplinary Committee to the general body of BCCI.
"Taking an illegal decision and then convening a meeting of the General Body for ratifying it, is not only unfair, but it is also neither appropriate nor desirable. By his involvement, Mr Srinivasan has infected the decision making process," Abdi charged.
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