Nagpur: The Board of Control for Cricket in India (BCCI) has been caught off guard by Appeals Commissioner Justice Albie Sachs’ decision to uphold the one-Test ban on in-terrific-form opener Gautam Gambhir.

That surfaced through a confusion-creating media release from secretary N. Srinivasan’s office, which stated “Mr Vijay of Tamil Nadu” had been included in the squad for the final Test against Australia, to be played at the new facility here from Thursday.

The correction came half-an-hour later. “M. Vijay of Tamil Nadu has been included...”

Such confusion isn’t expected, no matter how trying the circumstances. But, then, an allowance perhaps has to be made for South African Justice Sachs’ “blow,” as somebody put it.

The BCCI hasn’t accepted the Appeals Commissioner’s decision, but where the International Cricket Council (ICC) is concerned, the matter is closed. “The Appeals Commissioner’s decision is final and binding,” a spokesman told The Telegraph from Dubai.

Significantly, Gambhir (punished by Match Referee Chris Broad for elbowing allrounder Shane Watson in the Kotla Test last week), is still with the India squad at the Pride Hotel.

“We’ve only been informed that Vijay is coming tomorrow (Wednesday) morning, nothing more... There are no instructions for Gambhir to go home (New Delhi),” a member of the support staff said late on Tuesday.

Does the BCCI then intend to defy the ICC?

“Frankly, I have no idea... Don’t know what the plans are... Wait for the morning... We’ve just been told that Justice Sachs has upheld the ban,” maintained a member of the team management.

The BCCI’s strong letter (sent by Srinivasan) to ICC president David Morgan notwithstanding, it’s not clear what options it has.

Srinivasan’s letter includes the following:

“I have to state that the said order of the Appeals Commissioner seems to be pre-decided as the same has been passed without affording the player an opportunity of a personal hearing...

“I submit that the decision/order of the Appeals Commissioner is void ab initio and non est as it contravenes mandatory provisions relating to hearing of appeals and also as being in violation of principles of natural justice... The BCCI does not accept the said decision of the Appeals Commissioner and objects to the same.”

Justice Sachs, who as arbiter in July 2005 had reduced (the-then captain) Sourav Ganguly’s punishment by one-third, has accepted that Gambhir had been provoked.

[Broad, incidentally, had been the Match Referee then as well. Obviously, he’s quite fond of Indian cricketers.]

At the same time, though, Justice Sachs has contended that “cricket is not a contact sport” and that “deliberate collision” can never be condoned, “however grave the provocation.”

Till late at night, no BCCI official, not even city-based president Shashank Manohar, was available for an update.

Footnote: According to one of the selectors, 24-year-old Vijay (actually, Murali Vijay Krishna in the records) will open with Virender Sehwag, unless there are “dramatic developments.” Vijay has been among the runs, but he’s also from the same state as chief selector Krishnamachari Srikkanth and the BCCI secretary.

Fact File

The following is the fact file of Murali Vijay Krishna who has been added to the India squad for the fourth and final Test in Nagpur:

Name: Murali Vijay Krishna
Age: 24
Batting style: Right-hand opener
Career highlights
Tamil Nadu’s Murali Vijay began his first-class career with scores of 59 and 38 against Delhi at the Kotla in November 2006.
In his very next game against Andhra, a week later, he scored 179, batting for nine hours, 386 balls, with 18 fours and 2 sixes.
He finished his debut Ranji Trophy season with Tamil Nadu as the third highest run-getter with 628 runs in seven games at an average 52.33, including two hundreds.
He also underlined his potential with 277 runs (average 39.57) with one hundred during the same limited-overs domestic season of 2006-07. He followed this up with 321 runs in eight limited over matches in 2007-08, that included two hundreds.
His second first-class season was even better than his first — he aggregated 667 runs which again included two hundreds and a highest of unbeaten 230 against Saurashtra at Chepauk in December 2007.
His consistent performances in the domestic circuit earned him a spot with the A team for a short tour of Israel. In the recently concluded India-A/New Zealand A series, he made 200 runs in four innings with a highest of 98 in the second ‘Test’ in Chennai.
In the opening match of this season’s Ranji Trophy, Vijay made 243 against Maharashtra at Nashik and was involved a near record opening stand of 462 with teenager Abhinav Mukund.
So far in 20 first-class match he has made 1748 runs, averaging 52.97, with five hundreds and four fifties.

Mohandas Menon