Calcutta: The Board of Control for Cricket in India (BCCI) on Monday moved the Delhi High Court against the trial court stay on the special general meeting that was to consider the disciplinary committee’s report on former IPL commissioner Lalit Modi.
[That the Board will challenge the September 25 SGM-specific order was reported by The Telegraph, on Monday].
Since the matter came up in the afternoon and there was paucity of time, the High Court has decided to take up the case at 11.30 am on Tuesday.
Justice VK Shali decided to hear on Tuesday the plea of the BCCI, which contended that the trial court has no jurisdiction to pass such an order as the SGM was scheduled to be held in Chennai.
The High Court will also hear Modi’s cross-appeal against the decision of the lower court, which had declined to pass an interim order on his petition challenging the appointment of Sanjay Patel and Jagmohan Dalmiya to the BCCI by Narayanswamy Srinivasan.
Patel was appointed as secretary while Dalmiya was made the interim chief after the match-fixing and betting scandal in the IPL broke out and Srinivasan was forced to step aside from day-to-day BCCI activities as son-in-law Gurunath Meiyappan was allegedly involved in the scandal.
On September 21, a trial court had in an ex-parte order restrained the BCCI from holding the SGM on Modi’s plea, challenging Patel’s authority as BCCI secretary in issuing the September 2 notices to him.
The three-member disciplinary committee, which was supposed to look into the case against Modi, comprised Arun Jaitley, Chirayu Amin and Jyotiraditya Scindia.
The trial court had also granted four days to BCCI, Patel and Dalmiya to file their responses on Modi’s plea and posted the matter for September 30.
Appearing for BCCI before Justice Shali, senior advocate CA Sundaram said: “The Delhi court has no jurisdiction to pass such an order as the BCCI headquarters is in Mumbai and SGM was to be held in Chennai where Srinivasan resides.
“Just because the working committee meeting was held in Delhi, Modi has approached the city court,” the senior lawyer argued. He added: “In the SGM, the report of the disciplinary committee will be considered and if the report will be accepted, then a show-cause notice will be issued to Modi to make his defence.”
The counsel also contended that “Modi does not want to come to India as several inquiries are going on against him. He can very well come here and explain the report.”
Modi was his usual outspoken self when he said it will be a "doomsday" for the Indian cricket if Srinivasan gets re-elected as BCCI president.
"Across the globe, fans, advertisers and administrators will be disappointed if Srinivasan gets re-elected. A wrong message would be sent. It will be a doomsday for Indian cricket," said Modi.
Srinivasan is bidding to get re-elected as BCCI president for the third year running.