Showing posts with label Tharoor. Show all posts
Showing posts with label Tharoor. Show all posts
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Thursday 15 November 2018
A question of writ - Asiya Bibi and Sabarimala
The Sabarimala and Asia Bibi cases put the spotlight on how institutions adhere to constitutional principles writes Sanjay Hegde in The Hindu
On the streets of India and Pakistan, a frightening message is being sent out: that courts must not rush in where politicians fear to tread. In matters of faith, courts must simply sit on their hands and pray for divine intervention to resolve the petition before them. The public and political responses to Supreme Court judgments in two instances — Sabarimala in India and the Asia Bibi case in Pakistan — bear striking similarities. What is different, however, is the ability of the two states to enforce their writ.
Sabarimala is considered to be one of the holiest temples in Hinduism, with one of the largest annual pilgrimages in the world. The faithful believe that the deity’s powers derive from his asceticism, and in particular from his being celibate. Women between the ages of 10 and 50 are barred from participating in the rituals.
The exclusion was given legal sanction by Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965. The validity of the rule and other provisions restricting the entry of women was decided by the Supreme Court last month. The Court, by a majority of 4:1, held that the exclusion of women between these ages was violative of the Constitution.
The Sabarimala judgment
Then Chief Justice of India Dipak Misra and Justice A.M. Khanwilkar held that the practice of excluding women did not constitute an “essential religious practice”. Crucially, the judges also relied on Section 3 of the Act mentioned above which stipulates that places of public worship must be open to all sections and classes of Hindus, notwithstanding any custom or usage to the contrary. It was held that Rule 3(b) prohibiting the entry of women was directly contrary to this. A concurring judge, Justice R.F. Nariman, further held that the right of women (in the age bracket in question) to enter Sabarimala was guaranteed under Article 25(1). This provision states that all persons are “equally entitled” to practise religion. According to him, Rule 3 prohibiting the entry of women, was violative of Article 15(1) of the Constitution.
Justice D.Y. Chandrachud, also concurring, emphasised the transformative nature of the Constitution which was designed to bring about a quantum change in the structure of governance. More crucially, it was a founding document, designed to “transform Indian society by remedying centuries of discrimination against Dalits, women and the marginalised”. ‘Morality’ used in Articles 25 and 26, the judge held, referred to constitutional morality which includes the values of justice, liberty, equality and fraternity.
Asia Bibi case
In 1929, the funeral of a killer, Ilmuddin, took place in Lahore, executed for the murder of Rampal, a publisher, who had published an allegedly unsavoury reference to the life of Prophet Muhammad. Ilmuddin had been buried without funeral prayers as the authorities anticipated further trouble. But some eminent personalities, who included M.D. Taseer, assured the British authorities that there would be no trouble if there was a proper burial with a procession and Islamic prayers. The British relented and at the public mourning, the funeral prayer had to be read thrice before the surging crowds. The upshot of these events was that Section 295A was introduced into the Indian Penal Code to punish a deliberate insult to religious feelings.
Years later, in Zia-ul-Haq’s Pakistan, Sections 295B and 295C were added to the Pakistan Penal Code which criminalised blasphemy against Islam and even made it punishable with death. In 2009, Asia Bibi, a Christian woman, was accused of blasphemy by her neighbours and jailed pending trial. She was sentenced to death in 2010 by a trial court.
Her case became a cause célèbre and Salman Taseer, the Governor of Pakistan’s Punjab province, visited her in prison to express support. This act by Taseer, who was the son of M.D. Taseer who had negotiated Ilmuddin’s burial, did not go down well. So enraged was his bodyguard Mumtaz Qadri, that he assassinated Taseer in 2011. When Qadri was produced in court for trial, he was showered with rose petals by lawyers. He was tried and hanged in 2016, and his funeral attracted a crowd that rivalled the one at Ilmuddin’s.
Last month, the Supreme Court of Pakistan allowed Asia Bibi’s appeal and declared her innocent of the charges. She has now been released and expected to be granted asylum in Europe. Her lawyer has fled Pakistan and the judges now fear for their lives. Pakistan faced the threat of mob violence led by the radical Tehreek-e-Labbaik Pakistan party. Despite Prime Minister Imran Khan’s initial bluster, an agreement has been signed with mob leaders to end the violence.
The Chief Justice of Pakistan, Saqib Nisar, has reportedly defended himself by saying, “No one should have the doubt that the Supreme Court judges are not lovers of Prophet Muhammad... How can we punish someone in the absence of evidence?”
The thread
It is easy to dismiss the Sabarimala and Asia Bibi cases as being unconnected and belonging to different jurisdictions and contexts. But both belong to the same region and trajectory of history. India was built on a secular foundation while Pakistan was built on a majoritarian Muslim agenda. However, both countries profess at least lip service to the rule of law. Years of majoritarianism have brought Pakistan to the point where its institutions have had to defend themselves before doing justice to minorities. India is at a stage, where its majority is seeking to bring its institutions to acquiesce in majoritarian instincts. A majority whose forebears had committed themselves to a magnificent constitutional compact now has elements who seek to regress from those values.
The question is whether the people and the institutions succumb to pressure or adhere to principle. Each individual, regardless of birth ascribed identity, is a minority of one entitled to an individual guarantee of rights protected by the Constitution. It is in the adherence to individual rights that the greater public good rests. Those who sacrifice a little man or woman’s liberty for the security of the many will find neither liberty, nor security.
Let us keep this in mind, as the Supreme Court agrees to hear in open court a review petition against its Sabarima judgment.
On the streets of India and Pakistan, a frightening message is being sent out: that courts must not rush in where politicians fear to tread. In matters of faith, courts must simply sit on their hands and pray for divine intervention to resolve the petition before them. The public and political responses to Supreme Court judgments in two instances — Sabarimala in India and the Asia Bibi case in Pakistan — bear striking similarities. What is different, however, is the ability of the two states to enforce their writ.
Sabarimala is considered to be one of the holiest temples in Hinduism, with one of the largest annual pilgrimages in the world. The faithful believe that the deity’s powers derive from his asceticism, and in particular from his being celibate. Women between the ages of 10 and 50 are barred from participating in the rituals.
The exclusion was given legal sanction by Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965. The validity of the rule and other provisions restricting the entry of women was decided by the Supreme Court last month. The Court, by a majority of 4:1, held that the exclusion of women between these ages was violative of the Constitution.
The Sabarimala judgment
Then Chief Justice of India Dipak Misra and Justice A.M. Khanwilkar held that the practice of excluding women did not constitute an “essential religious practice”. Crucially, the judges also relied on Section 3 of the Act mentioned above which stipulates that places of public worship must be open to all sections and classes of Hindus, notwithstanding any custom or usage to the contrary. It was held that Rule 3(b) prohibiting the entry of women was directly contrary to this. A concurring judge, Justice R.F. Nariman, further held that the right of women (in the age bracket in question) to enter Sabarimala was guaranteed under Article 25(1). This provision states that all persons are “equally entitled” to practise religion. According to him, Rule 3 prohibiting the entry of women, was violative of Article 15(1) of the Constitution.
Justice D.Y. Chandrachud, also concurring, emphasised the transformative nature of the Constitution which was designed to bring about a quantum change in the structure of governance. More crucially, it was a founding document, designed to “transform Indian society by remedying centuries of discrimination against Dalits, women and the marginalised”. ‘Morality’ used in Articles 25 and 26, the judge held, referred to constitutional morality which includes the values of justice, liberty, equality and fraternity.
Holy communion: It’s just the forests, the mountains and the Sabarimala temple on most days of the year. The place of worship comes alive only during the five-day monthly puja and the 41-day annual pilgrimage season beginning mid-November.
He also held that barring menstruating women from entering the shrine is violative of Article 17 (the constitutional provision prohibiting untouchability). The judge held that the concept of untouchability is grounded in the ideas of ‘purity and pollution’. These same notions form the basis for excluding the entry of menstruating women into religious shrines.
The sole woman judge, Justice Indu Malhotra, who dissented, reasoned, “Issues of deep religious sentiments should not be ordinarily be interfered by the court. The Sabarimala shrine and the deity is protected by Article 25 of the Constitution of India and the religious practices cannot be solely tested on the basis of Article 14... Notions of rationality cannot be invoked in matters of religion... What constitutes essential religious practice is for the religious community to decide, not for the court. India is a diverse country. Constitutional morality would allow all to practise their beliefs. The court should not interfere unless if there is any aggrieved person from that section or religion.”
While the Bharatiya Janata Party has seen the judgment as an attack on the Hindu religion, the Congress too has not lagged behind. Even an “instinctive liberal” such as Shashi Tharoor has said, “abstract notions of constitutional principle also have to pass the test of societal acceptance — all the more so when they are applied to matters of faith... In religious matters, beliefs must prevail; in a pluralistic democracy, legal principles and cultural autonomy must both be respected…”
He also held that barring menstruating women from entering the shrine is violative of Article 17 (the constitutional provision prohibiting untouchability). The judge held that the concept of untouchability is grounded in the ideas of ‘purity and pollution’. These same notions form the basis for excluding the entry of menstruating women into religious shrines.
The sole woman judge, Justice Indu Malhotra, who dissented, reasoned, “Issues of deep religious sentiments should not be ordinarily be interfered by the court. The Sabarimala shrine and the deity is protected by Article 25 of the Constitution of India and the religious practices cannot be solely tested on the basis of Article 14... Notions of rationality cannot be invoked in matters of religion... What constitutes essential religious practice is for the religious community to decide, not for the court. India is a diverse country. Constitutional morality would allow all to practise their beliefs. The court should not interfere unless if there is any aggrieved person from that section or religion.”
While the Bharatiya Janata Party has seen the judgment as an attack on the Hindu religion, the Congress too has not lagged behind. Even an “instinctive liberal” such as Shashi Tharoor has said, “abstract notions of constitutional principle also have to pass the test of societal acceptance — all the more so when they are applied to matters of faith... In religious matters, beliefs must prevail; in a pluralistic democracy, legal principles and cultural autonomy must both be respected…”
Asia Bibi case
In 1929, the funeral of a killer, Ilmuddin, took place in Lahore, executed for the murder of Rampal, a publisher, who had published an allegedly unsavoury reference to the life of Prophet Muhammad. Ilmuddin had been buried without funeral prayers as the authorities anticipated further trouble. But some eminent personalities, who included M.D. Taseer, assured the British authorities that there would be no trouble if there was a proper burial with a procession and Islamic prayers. The British relented and at the public mourning, the funeral prayer had to be read thrice before the surging crowds. The upshot of these events was that Section 295A was introduced into the Indian Penal Code to punish a deliberate insult to religious feelings.
Years later, in Zia-ul-Haq’s Pakistan, Sections 295B and 295C were added to the Pakistan Penal Code which criminalised blasphemy against Islam and even made it punishable with death. In 2009, Asia Bibi, a Christian woman, was accused of blasphemy by her neighbours and jailed pending trial. She was sentenced to death in 2010 by a trial court.
Her case became a cause célèbre and Salman Taseer, the Governor of Pakistan’s Punjab province, visited her in prison to express support. This act by Taseer, who was the son of M.D. Taseer who had negotiated Ilmuddin’s burial, did not go down well. So enraged was his bodyguard Mumtaz Qadri, that he assassinated Taseer in 2011. When Qadri was produced in court for trial, he was showered with rose petals by lawyers. He was tried and hanged in 2016, and his funeral attracted a crowd that rivalled the one at Ilmuddin’s.
Last month, the Supreme Court of Pakistan allowed Asia Bibi’s appeal and declared her innocent of the charges. She has now been released and expected to be granted asylum in Europe. Her lawyer has fled Pakistan and the judges now fear for their lives. Pakistan faced the threat of mob violence led by the radical Tehreek-e-Labbaik Pakistan party. Despite Prime Minister Imran Khan’s initial bluster, an agreement has been signed with mob leaders to end the violence.
The Chief Justice of Pakistan, Saqib Nisar, has reportedly defended himself by saying, “No one should have the doubt that the Supreme Court judges are not lovers of Prophet Muhammad... How can we punish someone in the absence of evidence?”
The thread
It is easy to dismiss the Sabarimala and Asia Bibi cases as being unconnected and belonging to different jurisdictions and contexts. But both belong to the same region and trajectory of history. India was built on a secular foundation while Pakistan was built on a majoritarian Muslim agenda. However, both countries profess at least lip service to the rule of law. Years of majoritarianism have brought Pakistan to the point where its institutions have had to defend themselves before doing justice to minorities. India is at a stage, where its majority is seeking to bring its institutions to acquiesce in majoritarian instincts. A majority whose forebears had committed themselves to a magnificent constitutional compact now has elements who seek to regress from those values.
The question is whether the people and the institutions succumb to pressure or adhere to principle. Each individual, regardless of birth ascribed identity, is a minority of one entitled to an individual guarantee of rights protected by the Constitution. It is in the adherence to individual rights that the greater public good rests. Those who sacrifice a little man or woman’s liberty for the security of the many will find neither liberty, nor security.
Let us keep this in mind, as the Supreme Court agrees to hear in open court a review petition against its Sabarima judgment.
Monday 16 July 2018
Monday 29 January 2018
Sunday 27 November 2016
Sunday 23 November 2014
The Mudgal report on IPL corruption names five players, as top guns resist capitulation for now
Mihir Srivastava in Outlook India
An IPL Game Of Spot, Bet And Fix
How it all started
Although codewords like ‘Individual 2’ and ‘Individual 3’ have been bandied about, the fact is the report names five Indian players who were part of the World Cup-winning team of 2011. Talented and temperamental, they run cricket academies, invest in the hospitality industry and event management, even advertising firms. Their partners in these ventures are the same set of people who form the link between them and the bookies; some are bookies themselves. Moreover, they are Page 3 regulars.
Take the case of a left-handed all-rounder. He broke down when questioned by Justice Mudgal. There wasn’t any dispute about his involvement, he was just begging that he be not named and pleaded for a life of dignity, says an insider, a cop involved in the investigation. Mercy, not justice, was also sought by a close friend of this cricketer, his teammate in the World Cup squad. A bowler known to pick fights on and off the cricket field, who spends more time in Mumbai, outside his home state.
The ‘Individual 3’ mentioned in Justice Mudgal’s report is a Chennai Super Kings player. A prolific run-getter and a god-fearing man, he visits the Sai Baba temple in Shirdi regularly with two bookies by his side, and has the protection and patronage of top cricket administrators. The fourth is a celebrity fast bowler with a career punctuated by injuries, who was often too unwell to play for the country, but was always fit for the IPL. He, too, has the backing of powerful team-owners. The most significant name is of a top idol, whose incredibly short saga of rags to riches is as exemplary as his passion for speed.
-----India 2011 World Cup team members:
Dhoni, Sehwag, Gambhir, Tendulkar, Yuvraj, Raina, Kohli, Zaheer, Sreesanth, Harbhajan, Y Pathan, Munaf, Nehra, Chawla and Ashwin
----
The flaw, as pointed out over the years by wise men, is in the IPL itself. It had so much to offer to players, administrators, umpires, even commentators, that the whole venture had an unviable air about it. It wasn’t charity either, where the glitterati altruistically invested to lose money. Instead, it turned out to be a money-spinner. With marquee players being bought for millions of dollars, glitz on the ground and expensive after-match parties, intelligent guesses always pointed to dirty money.
The first confirmation came when the Delhi police arrested three players—Sreesanth, Ajith Chandila and Ankeet Chavan—in 2013 for their role in spot-fixing and betting. Neeraj Kumar, the then Delhi police commissioner, refutes the charges that the cops let off the big fish. He confirms that many players were named by the bookies, but that he couldn’t have acted on mere accusations, without conclusive evidence. Rajasthan Royals owner Raj Kundra, he says, confessed to betting, but there was no corroborative evidence, and territorial jurisdiction was an issue. “The investigation was carried out objectively, was able to nail down large number of bookies and set off a chain reaction, with police in other metropolises also ending up investigating betting,” he says. One such investigator was G. Sampath Kumar of the Tamil Nadu police. He was suspended from his job last week on the charges of receiving Rs 55 lakh from a bookie, Uttam C. Jain alias Kitty.
Yellow fever A match involving Chennai Super Kings, now under a corruption-shaped cloud. (Photograph by AFP, From Outlook 01 December 2014)
A family member of one of the three players arrested by the Delhi police met Outlook in a coffee shop at Delhi’s Bengali market. The prosecuted three are just the tip of the iceberg, he says, and the submerged iceberg covers nearly the whole system. The IPL is but a gambling festival, he says, giving examples of how his relative was pulled into betting and match-fixing. “No player can escape the bookies. It’s not a choice,” he says.
---- Also Read
While the Delhi police couldn’t gather enough incriminating evidence against the ‘big fish’, Justice Mudgal is forthright about some of them. N. Srinivasan—the man who controls both the BCCI and the IPL—can be accused of blatant conflict of interest, says a senior lawyer and cricket administrator. “He’s both the umpire and the player,” he says.
The Mudgal report clearly says that Srinivasan was aware of betting and match-fixing, and he preferred to be a mute spectator. His son-in-law, Gurunath Meiyappan, virtually ran Chennai Super Kings. In the nebulous role of a ‘principal’, he attended team meetings and was a regular companion of players on the ground. It’s clear he was anything but what India and CSK skipper Mahendra Singh Dhoni told the Mudgal committee—a “mere cricket enthusiast”. Though lying to an apex court committee is considered perjury, Dhoni, also a vice-president of Srinivasan’s India Cements, has consistently batted for his team’s owner. Dhoni’s wife Sakshi was frequently spotted watching IPL matches with former Bollywood actor Vindoo Dara Singh, also an accused in the 2013 IPL spot-fixing scandal. In a sting operation by Zee News, Vindoo outlandishly claimed the match-fixing fiasco was actually the fallout of a fight between ncp (and former BCCI) chief Sharad Pawar and Srinivasan.
Apart from Meiyappan, the Mudgal report says IPL chief operating officer Sundar Raman had admitted doing nothing even after knowing that Raj Kundra was involved in betting. Furthermore, a third team (CSK and RR being the other two)—from the renowned stable of good times—is named in the clutch of outfits where the owners/their family members bet on their own team’s performance.
An eagle eye Justice Mukul Mudgal
Aditya Varma, secretary of the Bihar Cricket Association, treats the battle against corruption in cricket as a personal crusade, and has kept on the warpath in the face of both dire threats and propitiatory wads of cash. He presents a scenario: “If an owner bets, and lets his players, captain and the rest, know that he wants the team to get out on a specific score, say 120 runs, then it’s not betting, it’s match-fixing.”
Varma says there are two categories of culprits—administrators and players. Not bookies, he says, as that’s their job. There are two ways, he says, in which betting/match-fixing takes place: when the match is fixed with the help of owners or administrators, and when players themselves take the initiative for spot-fixing. Bookies are known to live in the same hotel as the players, and interact freely with them during parties. “I will seek an investigation in the conduct of all teams and owners. The story is much murkier than it looks,” says Varma.
As parts of the report have been made public, the government has responded with silence. The top politicians of the country have been, or are, cricket administrators—Arun Jaitley, Amit Shah, Sharad Pawar, Rajiv Shukla and Shashi Tharoor, to name a few. The politics of cricket has little to do with their party affiliations. The Narendra Modi government—seeking a global effort to retrieve billions of dollars of black money stashed in foreign banks—has chosen to ignore the cancer that is eating away Indian cricket. Union finance minister and former Delhi Cricket Association chief Arun Jaitley is mum too. Rajiv Shukla, former IPL chairman and a minister in the UPA cabinet, is anxious about the issue and is actively following the events, says a close friend. Some revered former players have also kept their counsel, perhaps because they are beneficiaries of the system. And Sachin Tendulkar’s autobiography, Playing It My Way, is silent about these murky depths in cricket, though some of his close friends are under the scanner.
In April this year, the SC had rejected the BCCI’s proposal to constitute a three-member committee to investigate the spot-fixing and betting charges, comprising ex-CBI director R.K. Raghavan, cricketer Ravi Shastri and former Calcutta High Court chief justice Jai Narain Patel. Raghavan is an affiliated member of the Tamil Nadu Cricket Association, headed by Srinivasan, Shastri is a salaried BCCI employee and Patel’s brother-in-law is Shivlal Yadav, the then interim board president for non-IPL affairs.
The audacious guile that led to the proposal of the panel resurfaced in the belligerence with which the BCCI has made light of the Mudgal committee’s report even before it’s considered by the Supreme Court—belittling it as ‘invalid’, asking the Supreme Court to form another panel and reinstate Srinivasan as BCCI chief (though forced to step down on November 3, he has been effectively in charge through proxy), while the probe is being conducted.
“The ball is now with the apex court, and chances of tampering is less,” says a former cricketer and BCCI office-bearer. With the ball swinging under favourable conditions, wickets might go down in a heap, taking with them reputations and hard-earned records.
An IPL Game Of Spot, Bet And Fix
How it all started
- The IPL betting and match-fixing scam became public when the Pune and Kochi teams were disqualified
- The Kochi team had already seen a controversy involving Shashi Tharoor and the now-deceased Sunanda Pushkar
- The Tharoor row led to the exit of IPL founder-commissioner Lalit Modi and his row with BCCI chief N. Srinivasan
- The conduct of at least 12 players, including two Australians, invited the scrutiny of Justice Mukul Mudgal
- Indians include five members of the 2011 World Cup-winning squad, two of whom are from the same IPL team
- The owners of at least three IPL teams are believed to be involved in the match-fixing racket
- Nearly 70 per cent of players are believed to be involved in betting on matches indirectly, if not directly
- Given the high purchase costs, team owners and associates have an added incentive to pre-decide match results
***
Indian cricket finds itself on a barely playable wicket. Justice Mukul Mudgal might indirectly have a say on India’s World Cup 2015 squad if the apex court makes public names of top Indian cricketers mentioned in his report on the alleged betting and spot/match-fixing in season 6 of the Indian Premier League (IPL). Top sources say that the 38-page report (with 5,000 pages of annexures) names around a dozen names of former and current players, Indian and international, with their roles in the multi-billion dollar scandal. Players, administrators, politicians, film stars and corporate czars are all protagonists in this sordid drama. It seems like the first draft of a crime thriller.Although codewords like ‘Individual 2’ and ‘Individual 3’ have been bandied about, the fact is the report names five Indian players who were part of the World Cup-winning team of 2011. Talented and temperamental, they run cricket academies, invest in the hospitality industry and event management, even advertising firms. Their partners in these ventures are the same set of people who form the link between them and the bookies; some are bookies themselves. Moreover, they are Page 3 regulars.
Take the case of a left-handed all-rounder. He broke down when questioned by Justice Mudgal. There wasn’t any dispute about his involvement, he was just begging that he be not named and pleaded for a life of dignity, says an insider, a cop involved in the investigation. Mercy, not justice, was also sought by a close friend of this cricketer, his teammate in the World Cup squad. A bowler known to pick fights on and off the cricket field, who spends more time in Mumbai, outside his home state.
The ‘Individual 3’ mentioned in Justice Mudgal’s report is a Chennai Super Kings player. A prolific run-getter and a god-fearing man, he visits the Sai Baba temple in Shirdi regularly with two bookies by his side, and has the protection and patronage of top cricket administrators. The fourth is a celebrity fast bowler with a career punctuated by injuries, who was often too unwell to play for the country, but was always fit for the IPL. He, too, has the backing of powerful team-owners. The most significant name is of a top idol, whose incredibly short saga of rags to riches is as exemplary as his passion for speed.
-----India 2011 World Cup team members:
Dhoni, Sehwag, Gambhir, Tendulkar, Yuvraj, Raina, Kohli, Zaheer, Sreesanth, Harbhajan, Y Pathan, Munaf, Nehra, Chawla and Ashwin
----
The flaw, as pointed out over the years by wise men, is in the IPL itself. It had so much to offer to players, administrators, umpires, even commentators, that the whole venture had an unviable air about it. It wasn’t charity either, where the glitterati altruistically invested to lose money. Instead, it turned out to be a money-spinner. With marquee players being bought for millions of dollars, glitz on the ground and expensive after-match parties, intelligent guesses always pointed to dirty money.
The first confirmation came when the Delhi police arrested three players—Sreesanth, Ajith Chandila and Ankeet Chavan—in 2013 for their role in spot-fixing and betting. Neeraj Kumar, the then Delhi police commissioner, refutes the charges that the cops let off the big fish. He confirms that many players were named by the bookies, but that he couldn’t have acted on mere accusations, without conclusive evidence. Rajasthan Royals owner Raj Kundra, he says, confessed to betting, but there was no corroborative evidence, and territorial jurisdiction was an issue. “The investigation was carried out objectively, was able to nail down large number of bookies and set off a chain reaction, with police in other metropolises also ending up investigating betting,” he says. One such investigator was G. Sampath Kumar of the Tamil Nadu police. He was suspended from his job last week on the charges of receiving Rs 55 lakh from a bookie, Uttam C. Jain alias Kitty.
Yellow fever A match involving Chennai Super Kings, now under a corruption-shaped cloud. (Photograph by AFP, From Outlook 01 December 2014)
A family member of one of the three players arrested by the Delhi police met Outlook in a coffee shop at Delhi’s Bengali market. The prosecuted three are just the tip of the iceberg, he says, and the submerged iceberg covers nearly the whole system. The IPL is but a gambling festival, he says, giving examples of how his relative was pulled into betting and match-fixing. “No player can escape the bookies. It’s not a choice,” he says.
---- Also Read
Sreesanth - Another modern day Valmiki?
----
While the Delhi police couldn’t gather enough incriminating evidence against the ‘big fish’, Justice Mudgal is forthright about some of them. N. Srinivasan—the man who controls both the BCCI and the IPL—can be accused of blatant conflict of interest, says a senior lawyer and cricket administrator. “He’s both the umpire and the player,” he says.
|
Apart from Meiyappan, the Mudgal report says IPL chief operating officer Sundar Raman had admitted doing nothing even after knowing that Raj Kundra was involved in betting. Furthermore, a third team (CSK and RR being the other two)—from the renowned stable of good times—is named in the clutch of outfits where the owners/their family members bet on their own team’s performance.
An eagle eye Justice Mukul Mudgal
Aditya Varma, secretary of the Bihar Cricket Association, treats the battle against corruption in cricket as a personal crusade, and has kept on the warpath in the face of both dire threats and propitiatory wads of cash. He presents a scenario: “If an owner bets, and lets his players, captain and the rest, know that he wants the team to get out on a specific score, say 120 runs, then it’s not betting, it’s match-fixing.”
Varma says there are two categories of culprits—administrators and players. Not bookies, he says, as that’s their job. There are two ways, he says, in which betting/match-fixing takes place: when the match is fixed with the help of owners or administrators, and when players themselves take the initiative for spot-fixing. Bookies are known to live in the same hotel as the players, and interact freely with them during parties. “I will seek an investigation in the conduct of all teams and owners. The story is much murkier than it looks,” says Varma.
As parts of the report have been made public, the government has responded with silence. The top politicians of the country have been, or are, cricket administrators—Arun Jaitley, Amit Shah, Sharad Pawar, Rajiv Shukla and Shashi Tharoor, to name a few. The politics of cricket has little to do with their party affiliations. The Narendra Modi government—seeking a global effort to retrieve billions of dollars of black money stashed in foreign banks—has chosen to ignore the cancer that is eating away Indian cricket. Union finance minister and former Delhi Cricket Association chief Arun Jaitley is mum too. Rajiv Shukla, former IPL chairman and a minister in the UPA cabinet, is anxious about the issue and is actively following the events, says a close friend. Some revered former players have also kept their counsel, perhaps because they are beneficiaries of the system. And Sachin Tendulkar’s autobiography, Playing It My Way, is silent about these murky depths in cricket, though some of his close friends are under the scanner.
In April this year, the SC had rejected the BCCI’s proposal to constitute a three-member committee to investigate the spot-fixing and betting charges, comprising ex-CBI director R.K. Raghavan, cricketer Ravi Shastri and former Calcutta High Court chief justice Jai Narain Patel. Raghavan is an affiliated member of the Tamil Nadu Cricket Association, headed by Srinivasan, Shastri is a salaried BCCI employee and Patel’s brother-in-law is Shivlal Yadav, the then interim board president for non-IPL affairs.
The audacious guile that led to the proposal of the panel resurfaced in the belligerence with which the BCCI has made light of the Mudgal committee’s report even before it’s considered by the Supreme Court—belittling it as ‘invalid’, asking the Supreme Court to form another panel and reinstate Srinivasan as BCCI chief (though forced to step down on November 3, he has been effectively in charge through proxy), while the probe is being conducted.
“The ball is now with the apex court, and chances of tampering is less,” says a former cricketer and BCCI office-bearer. With the ball swinging under favourable conditions, wickets might go down in a heap, taking with them reputations and hard-earned records.
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