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S. Sreesanth Faces Another Roadblock

Author : Odisha Today Bureau | Posted on: 2019-03-16

The Supreme Court on Friday set aside the life ban imposed by the Board of Control for Cricket in India (BCCI) on cricketer S Sreesanth over IPL spot fixing charges and asked the boards disciplinary committee to “revisit the quantum of punishment/sanction” to be imposed on him.

 

The Court held that the BCCI has followed its procedure laid down in its anti-corruption code, and Sreesanth cannot claim violation of natural justice.



However, as regards imposition of the life ban, the Court said that the Disciplinary Committee did not consider mitigating circumstances. It therefore set aside the punishment part of the BCCI decision and ordered the Committee to rehear Sreesanth on the quantum of punishment. The decision with regarding Sreesanth has to be taken in three months.



Senior Advocate Salman Khurshid, representing the fast bowler, had argued that there was no direct evidence to implicate Sreesanth and that the evidence provided by the prosecution was only circumstantial evidence.

It was his case that circumstantial evidence is good only if the incident alleged actually took place. It cannot be used to establish something which has not happened. In this case, the allegation was that Sreesanth took money to give away 14 runs in an over, but only conceded 13 runs in that over. Thus, the alleged incident did not happen. Hence, circumstantial evidence will not be good enough to make out a case against Sreesanth, Khurshid had argued.

The life ban on playing cricket was imposed on Sreesanth by the BCCI in view of his alleged involvement in spot-fixing during the 2013 season of the Indian Premier League (IPL). All the 36 accused in the scandal had been discharged from the case by the Patiala House Court in July 2015.

Despite the same, the BCCI had declined to reverse its disciplinary order against Sreesanth, which it asserted was passed on the basis of evidence.

As a matter of fact, Sreesanth’s counsel had told the Court during the hearing that he is still loyal to the BCCI and would like to reconnect with the cricketing body if the ban is overturned.

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