S. Sreesanth vs The Board Of Control For Cricket In India

4. The present is an appeal filed by an acclaimed cricketer of India against whom proceedings were drawn by BCCI and a life ban was imposed on the appellant by the BCCI which was unsuccessfully challenged before the Kerala High Court and aggrieved by the Division 4 Bench judgment of the High Court the appellant has filed this appeal.

5. Background facts giving rise to this appeal need to be noted now:

corruption Code. Preliminary Report further stated that the Commissioner had no access to the appellant who was in police custody. It opined that there are sufficient evidence available to proceed with the disciplinary proceedings against the suspended players. The appellant after being released from the custody appeared before oneman Commission and gave his statement dated 24.06.2013. He denied any spot fixing done by his friend Jiju, if at all, and he reiterated that he did not under perform the game. In his statement he further stated that he confessed certain things before the Delhi Police which was due to continuous torture and pressure. After receiving the statement dated 24.06.2013, Supplementary Report dated 08.07.2013 was submitted by oneman Commission. The 6 Supplementary Report relied on the audio conversations between Sreesanth and Jiju Janardhan recorded on 06.05.2013 at 1740 hrs. and 2032 hrs. and on the basis of audio tapes and transcripts oneman Commission concluded that the appellant was part of the spot fixing and earlier findings given by the Preliminary Report are confirmed. After receipt of the report disciplinary proceedings were initiated by the disciplinary committee of BCCI against the appellant. Show-cause notice dated 04.09.2013 was given to the appellant. Following allegations in show-cause notice were made against the appellant in paragraphs 3, 4 and 5:

cause notice was submitted by the appellant on 11.09.2013. In his reply the appellant denied his involvement in spot fixing. In his reply apart from stating other facts following was stated:

ii) What is alleged as warming up against me is not really warming up but a manner of play which I did in other plays also.

NOTE: All Participants shall have a continuing obligation to report any new incident fact, or matter that may evidence an offence under this Anti-

59. In so far as charges proved under Article 2.2.3, 2.4.1 and 2.4.2 the maximum sanction is of 5 years, the award of punishment of five years shall also satisfy the requirement under Code, which need no separate consideration for the purposes of this case. As per Article 6.3.2 all sanction imposed on appellant shall 69 run concurrently. As on date the period of 5 years sanction has come to an end.

60. In view of the foregoing discussion we arrive on the following conclusions:

(5) There was no legal impediment in Shri Srinivasan participating in the disciplinary committee proceedings dated 13.09.2013 as President. The appellant having not questioned the constitution of disciplinary committee even in the grounds of this appeal he cannot be allowed to challenge the constitution of disciplinary committee at this stage.

(9) Due to subsequent events also, we are of the view that the disciplinary committee of BCCI should revisit the quantum of punishment/sanction to be imposed on the appellant.

61. In view of the foregoing discussion, we partly allow the appeal in the following manner:

Corruption Code. The appellant may be given one opportunity to have his say on the question of quantum of punishment/sanction.

(iii) The disciplinary committee may take decision as indicated above on the quantum of punishment/sanction at an early date preferably within a period of three months from today.

(iv) Appellant shall await the decision of the disciplinary committee and future course of action shall be in accordance with the decision of the disciplinary committee so taken. Parties shall bear their own costs.