SC poser to BCCI on Modi issue

The Supreme Court today asked BCCI to consider keeping away the three members of the disciplinary committee, probing charges of financial irregularities against suspended IPL Commissioner Lalit Modi, from the Board's AGM when the members vote on its report.

"Why don't you (BCCI) consider that these three members of the Disciplinary Committee recused themselves from participating in the AGM which will go into the report and vote," a Bench comprising Justices J M Panchal and Gyan Sudha Mishra said.

There are 30 members who participate in BCCI's AGM.

The suggestion by the Bench came when senior advocate Ram Jethmalani, appearing for Modi, said an attempt would be made to settle the matter on the issue of disciplinary committee.

The court adjourned the matter for October 27.

BCCI had yesterday turned down the plea of Modi to reconstitute the disciplinary committee by bringing those persons who are not members of the Board.

Jethmalani repeatedly argued that there was reasonable apprehension that Modi will not get a fair deal before the present committee which was biased against him.

He had submitted that people who had participated in the decision to issue showcause notices to Modi should not be a part of the disciplinary committee.

He has contended that the Chirayu Amin, who was involved in the decision to issue showcause notices and later replaced Modi as the IPL Commissioner, cannot be a member of the disciplinary committee.

Modi has approached the apex court challenging the July 15 judgement of the Bombay High Court which dismissed his plea to stay the proceedings by a BCCI-appointed disciplinary committee probing allegations of financial irregularities against him.

He has sought removal of Arun Jaitley and Amin from the three-member committee, which also has Jyotiraditya Scindia in it, contending that they are likely to be biased against him.

Jethmalani said he was only seeking a direction from the court that BCCI should appoint a retired judge of the apex court or the High Court or any senior advocate as members of the disciplinary committee but not those from the cricket board.

However, BCCI said it was not possible to include members for the committe from outside.

The Bombay High Court had dismissed the petition filed by Modi seeking reconstitution of the BCCI-appointed disciplinary committee. He had also challenged his suspension from the BCCI.