The Telegraph
Since 1st March, 1999
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Arbitrator asked to submit recorded statements
- BCCI contends that telephonic records point towards Jadeja's conversation with bookie

New Delhi: The Delhi High Court on Tuesday asked the arbitrator, who had quashed a five-year ban on cricketer Ajay Jadeja, to submit the shorthand notebooks used during the proceeding after the Board of Control for Cricket in India (BCCI) raised doubts over the manner of recording of statements by the arbitrator.

“The arbitrator is requested to send the shorthand notebooks in a sealed envelope,” Justice Manmohan Sarin said while accepting the request of the BCCI’s counsel C.S. Vaidyanathan.

The BCCI also raised objection to the reported interview given by the cricketer to a sports channel in which, according to the BCCI, issues involving the case were discussed.

Jadeja’s counsel Vineet Malhotra told the court that there were perhaps no comments about the case and assured that in future he would not do it.

The court is hearing the BCCI’s arguments challenging arbitrator Justice J.K. Mehra’s award of lifting the five-year ban imposed on Jadeja on charges of involvement in match-fixing.

Continuing the arguments, BCCI counsel said Jadeja was banned from playing on the report of the disciplinary committee, which had found his conduct undesirable.

Vaidyanathan said the cricketer was banned not for betting but for his undesirable contacts with bookies and punters. The telephonic records, which are evidence, indicated that he was in conversation with a bookie at midnight, he contended.

The BCCI told the court that the CBI report had found Jadeja guilty of match fixing but the report of the BCCI-appointed Madhavan Committee was not conclusive on this charge and the former police officer was very considerate in his report despite the cricketer admitting about his contacts with the punters.

Vaidyanathan contended that the BCCI was not given opportunity to make its point after its counsel had walked out of the proceedings alleging bias on the part of the arbitrator.

At least one opportunity should have been given to the BCCI before delivering the award, he said.

The counsel raised doubt whether the question about the wealth of Jadeja was dealt with by the arbitrator or not or was it disallowed.

He said it has to be seen in the shorthand notebook whether the question about the wealth was there or not.

During the earlier proceeding the BCCI had accused the arbitrator of being biased and had termed the award a “perverse finding”.

The counsel had alleged that the arbitrator had ignored many an objection raised by the country’s apex cricket body.

Justice J.K. Mehra, who was appointed as an arbitrator by the high court, had given the ruling in Jadeja’s favour on the ban as he found Madhavan’s report to be “illegal and against the principles of natural justice”. He also set aside the findings of the disciplinary committee.

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