Court says there is nothing to prove alleged bias; BCCI’s disciplinary committee adjourns hearing to September 27 and 28.
The Bombay high court (HC) on Wednesday dismissed a petition filed by suspended IPL chairman Lalit Modi seeking reconstitution of the BCCI’s disciplinary committee.
Modi had alleged that Chirayu Amin and Arun Jaitley, both members of the disciplinary committee, were part of the IPL governing council which had already held him, prima facie, guilty of committing financial irregularities.
Modi’s counsels Ram Jethmalani and Aspi Chinoy argued that these members were biased against their client and hence he cannot be expected to face the committee “knowing that no justice will be done.”
Chief justice Mohit Shah and justice DY Chandrachud, however, observed that, “The test is the real danger of bias and not the apprehension of bias.” The judges added that there has to be some material on record to prove the allegations of bias against the members of the committee.”
The court also found substance in the BCCI’s argument that nothing stops Modi from challenging the constitution of the committee along with the committee’s final order.
“Allegations of bias are not such that they cannot be examined in the proceeding at the end,” the court held.
This is the second time that Modi has been unlucky before the Bombay high court. On July 15 this year, the high court had rejected Modi’s petition for the same reason.
Later in the evening, the disciplinary committee resumed its hearing into the Modi case in New Delhi. The committee heard the cross-examination of Peter Griffiths, a key official of International Management Group. Modi’s counsel Vasant wanted more time for cross-examination and after a three-hour sitting, the hearing was adjourned to September 26.
The hearing will continue on September 27 and 28 and, if needed, on September 29 as well. The venue for the first two days will be New Delhi. Mumbai will host proceedings, if any, on September 29.
Members of the committee as well as Modi counsels have decided to get over with the cross-examination of Griffiths and his IMG colleagues, John Loffhagen and Paul Manning, and also that of IPL COO Sundar Raman during this time.
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