Ban on Sreesanth against principles of natural justice: lawyer

September 15, 2013

SreesanthNew Delhi, Sep 15: Calling the life ban imposed on S Sreesanth "bizarre", his lawyer Rebecca John said the tainted pacer will challenge the BCCI's decision in court as it is "completely against the principles of natural justice".

Sreesanth was banned for life by the BCCI after being found guilty of spot-fixing in the IPL in an internal inquiry conducted by the Board's Anti-Corruption and Security Unit chief Ravi Sawani.

"The (BCCI) order is completely against the principles of natural justice," John told 'ESPNcricinfo'.

"It has based its findings on personal interactions with members of Delhi Police as well as taken material from the chargesheet that has been filed by the police before a sessions court.

"If that is so then they should have waited for the court to determine whether or not any of this holds up in legal proceedings," she pointed out.

John described the Sawani report as "loose" and questioned the basis of its findings.

"They just picked up conversations they had with members of Delhi Police where they said Sreesanth and other members of the cricketing community confessed before them. It is a very, very loose report with little or no substance in it," John said.

She asked how the evidence which wasn't enough to keep the accused players in jail, could be considered proof of their guilt by the BCCI. Sreesanth, along with four other cricketers, is currently out on bail after spending quite a few days in jail.

"The fact is that the sessions court has released players on bail and said none of this adds up as a case. (The court said) it is very, very tenuous - the link between whatever bookie you are saying had a role to play and the players, particularly Sreesanth, and granted him bail," she said.

"And then this BCCI's one-man committee says that Sreesanth is guilty of spot-fixing and hands over a life sentence to him. Not only is it is excessive, it is completely contrary to all principles of natural justice," she reasoned.

John said Sawani's findings are based on conversations with policemen who are investigating the case, which cannot be enough to impose a life ban.

"How does he come to a conclusion? By having personal conversations with police officials. And you are basing your findings on these?" she asked.

"If you want to read these audio tapes, which are part of the Delhi Police (evidence) in a criminal trial, the link is so tenuous. You will believe it only because the Special Cell of Delhi Police is saying you will have to believe it in a particular way. In any case these are allegations which have to be assessed, processed and a finding has to be determined by a court of law," John said.

She claimed that the life ban was imposed at the behest of BCCI's President-in-exile N Srinivasan.

"The only reason the life ban was imposed -- Mr Srinivasan was very keen to tell the public and the people of India he was treating (the issue) with a heavy hand and some people had to be made scapegoats," John said.

"What is more annoying form the point of the view of the players is that they have let the big fish get away. What happens to Mr Srinivasan. He is owner of Chennai Super Kings and there is a case of conflict of interest pending in the Supreme Court against him.

"The Bombay High Court recently had called the two-member committee illegal after it cleared Gurunath Meiyappan and Raj Kundra (part of Chennai Super Kings and Rajasthan Royals respectively) from corruption charges," she added.

John said her client has been made a scapegoat in the entire scandal.

"Now when the BCCI, of which Srinivasan is the de facto or de jure head, conducts itself in this kind of fashion and then it hands over these sentences to players, who are soft targets, it is a little bizarre," John said.

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News Network
July 12,2020

New Delhi, Jul 12: Former India batsman Sachin Tendulkar has urged the International Cricket Council (ICC) to do away with 'umpire's call' whenever a team opts for a review regarding a leg-before wicket (LBW) decision.

The Master Blaster has also said that a batsman should be given out if the ball is hitting the stumps.

Whether more than 50 per cent of the ball is hitting the stumps or not should not be matter, he further stated.

"What per cent of the ball hits the stumps doesn't matter, if DRS shows us that the ball is hitting the stumps, it should be given out, regardless of the on-field call," Tendulkar tweeted.

With this tweet, the former India batsman also shared a video, in which he has a discussion with Brian Lara regarding the working of DRS.
"One thing I don't agree with, with the ICC, is the DRS they have been using for quite some time. It is the LBW decision where more than 50 per cent of the ball must be hitting the stumps for the on-field decision to be overturned," Tendulkar said in the video.

"The only reason they (the batsman or the bowler) have gone upstairs is that they are unhappy with the on-field decision, so when the decision goes to the third umpire, let the technology take over, just like in tennis, it's either in or out, there's nothing in between," he added.

This call for doing away with umpire's call has been recommended by many former players.
Whenever a verdict pops up as 'umpire's call, the decision of the on-field umpire is not changed, but the teams do not lose their review as well.

ICC recently introduced some changes to the game of cricket, and they gave all teams liberty of extra review as non-neutral umpires will be employed in Test matches due to the coronavirus pandemic.

As a result, all teams will now have three reviews in every innings of a Test match. 

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News Network
January 8,2020

Indore, Jan 8: Former opener Gautam Gambhir is mighty impressed with the way K.L. Rahul batted during India's comfortable seven-wicket win over Sri Lanka in the second T20I and said it amazes him why the right-handed batsman can't play the same way in Tests. On Tuesday, Rahul top-scored with a 32-ball 45 as India chased down the meagre target of 143 with utmost ease at the Holkar Stadium.

"Rahul is in unbelievable form. It amazes me every time I see Rahul bat that why didn't he play the same way in Test cricket," Gambhir told the host broadcasters. "It's not about only white-ball cricket; it is about Test cricket too. He just got into a shell too much. With the kind of quality he posses, he is someone who can get you a 50-ball 100 in Test cricket as well. The kind of shots he has is superb," he added.

Shikhar Dhawan, who is making a return to the team after an injury lay-off, also contributed with a "rusty" 30-ball 32. Both Dhawan and Rahul are virtually playing for the second opener's slot for the World T20, with Rohit Sharma set to be one.

And Gambhir feels going by the current form, Rahul should be opening the batting alongside Rohit in Australia. "You can't compare IPL to international cricket. When you're playing for Delhi Capitals, you know there's no one waiting for the opportunity, but when you're playing for the country and you know there's someone who's actually can replace you, there'll always be pressure. And today it was shown who's in better form," Gambhir said.

The cricketer-turned-politician, however, exuded confidence that Dhawan will bounce back strongly in the next game. "Shikhar Dhawan looked rusty but it's a good thing that he got some runs under his belt. It will help him when he walks out to bat in the next game. Had he got out early, the pressure would have been more," he said.

India will play Sri Lanka in the final T20I in Pune on Friday before taking on Australia in a three-match ODI series beginning January 14 in Mumbai.

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News Network
July 19,2020

Dubai, Jul 19: On hold for the past two months, the fate of this year's T20 World Cup will be up for a decisive round of deliberation when the ICC board meets virtually on Monday with the BCCI hoping for a postponement to ensure that the IPL can go ahead.

The global event is supposed to be held from October 18 to November 15 in Australia but the country's cricket board had, in May itself, expressed its inability to host amid a second surge of Covid-19 cases in the state of Victoria.

With India's case load also exceeding the 10 lakh mark, including more than 26,000 deaths, the IPL, if it is held, is likely to move to the UAE once the central government gives its go ahead.

"The first step was postponement of Asia Cup, which has happened. We can only start to move ahead with our plans after the ICC announces the postponement. They have been sitting on the decision even after Cricket Australia said that they are not too keen on hosting the event," a BCCI Apex Council member told PTI on conditions of anonymity.

This year's T20 World Cup will likely be held in Australia in 2022 as India doesn't want to swap its 2021 hosting rights with Cricket Australia as of now.

That Australia won't be hosting the mega event was clear after the cricket board told its players to prepare for a white-ball series against England scheduled for late September.

CA has even announced a 26-strong preliminary squad for that tour.

The ICC, on its part, has maintained that it wants to explore all possible "contingency" options before taking a call of such immense magnitude. And it is not unusual for the governing body to wait this long.

"Pakistan was supposed to host the Champions Trophy in 2009. After the terrorist attacks on the Sri Lankan team bus, everyone in their proper senses knew that PCB will never host a big event in distant future," said a source familiar with the functioning of the ICC.

"Yet, ICC deputed its employees in Pakistan for months when South Africa was already preparing to host the event. Everyone knew but a formal announcement of shift took months as threat assessment was part of protocol.

"The ICC couldn't have just postponed 9the T20 World Cup) immediately as initially, the top ministers of the Australian government expressed keenness to host," he added.

The Pakistan Cricket Board has also resigned itself to this outcome after vehemently opposing the Indian board.

The postponement of Asia Cup, which was supposed to be hosted by the PCB, to 2021 was a big blow to Ehsan Mani and his team.

"We have had a lot of discussions and the feeling is it (T20 World Cup) would not be possible this year. ICC has World Cups lined up in 2021 and 2023 so we have a gap year where we can adjust this event," Mani had recently said while talking to reporters in his country.

It has been learnt that PCB is contacting other boards in the hope of finalising some bilateral engagements as the national team has nothing lined up after its England tour.

Nomination process for Chairman's election:

The other issue that is likely to come up for discussion in Monday's meeting is the nomination process for the next independent chairman of the ICC after Shashank Manohar's resignation earlier this month.

It is learnt that there is no consensus on what should be the criteria in case multiple candidates join the fray.

"The board is not united on whether the usual 2/3rd majority to decide will be used (as its in case of policy decision) or the case of simple majority among the 17 board members," an ICC Board member said.

England and Wales Cricket Board's Colin Graves was considered the top contender with BCCI president Sourav Ganguly's name also being floated.

Ganguly's candidature will certainly depend on whether the Supreme Court waives off the cooling off period and allows him to continue as BCCI president beyond July 27 when he completes six years as an office-bearer in the Indian Board's state and national units.

When asked about the possibility of taking up the ICC job in a recent interview, the 48-year-old said he is young and and in no hurry for the position.

New Zealand's Gregor Barclay, Hong Kong's Imran Khawaja, who is currently the interim chairman, are also being talked about as potential candidates.

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