'Additional evidence' in Harbhajan's appeal hearing

Adelaide, Jan 28 A transcript from the stump microphone will be available as "additional evidence" to a New Zealand judge who will hear the appeal in the racial abuse case against India's Harbhajan Singh here Tuesday.

This evidence was not available to the International Cricket Council (ICC) match referee Mike Procter when he first heard Australian Andrew Symonds' allegation that Harbhajan called him a "monkey", appeals commissioner John Hansen said here Monday.

Following the hearing, Harbhajan was banned for three Tests. But the off-spinner appealed against Procter's decision and as per the ICC rules an independent appeals commissioner, Hansen, was appointed. He is a high court judge in New Zealand.

Counsels for both sides could cross-examine witnesses, Hansen said here Monday while outlining the procedure he would adopt during the hearing at the federal court here.

According to ICC rules, Hansen, also a member of the ICC Code of Conduct Commission, has the power to increase, decrease, amend or otherwise substitute his own decision from that made at the previous hearing, and his decision is final and binding.

The second hearing comes a day after India lost the four-Test series 1-2 to Australia, with the final match ending in a draw at the Adelaide Oval.

"It was felt proper that Mr Singh should have the benefit of a personal hearing in this case. The process of that hearing is left to the discretion of the appeals commissioner, in this case myself," Hansen told the media.

"However, in this case I have consulted counsel for Mr. Singh and the Board of Control for Cricket in India (BCCI), counsel for Cricket Australia (CA) and counsel assisting me, Mr John Jordan SC," he said, without taking questions from the reporters.

Hansen pointed out that during the re-hearing, evidence would be given by all the witnesses who had given evidence to Procter.

"There may also be some additional evidence, such as the transcript available from the stump microphone, which was not available to Mr Procter. The witnesses will give viva-voce evidence that will be led by counsel assisting me, Mr Jordan. Opportunity will then be afforded to both the counsels to cross-examine the witnesses," he said.

"I should add that Section H, Clause 11(e) of the Code of Conduct requires the appeals commissioner to hear and determine the appeal within seven days of appointment."

Hansen said that he would "consider my decision and reduce it to writing".

"In accordance with Section H, Clause 11(g) of the Code of Conduct it will be forwarded to Mr Singh, Mr Procter, and the Chief Executive of the ICC. Following that required process I will deliver my decision publicly," he said.

Justice Hansen has held various judicial offices since 1979 - from 1979 to 1988 in Hong Kong and since 1988, in the High Court of New Zealand. He has also had a life-long involvement with cricket, both as a player and administrator. - IANS

Team India in a legal tangle for 'insulting' tricolour

Lucknow, Oct 23 (IANS) They may have earned the sobriquet of conquerors of Twenty20 cricket. However, the Indian cricket team could be in the dock for allegedly "insulting" the national tricolour.

A petition has been filed before the Chief Metropolitan Magistrate of Kanpur raising serious objections against the alleged disrespect shown by the team members to the national flag.

While admitting the petition, the court has fixed Oct 25 (Thursday) for the hearing.

Not only Team India skipper Mahendra Singh Dhoni, but also vice captain Yuvraj Singh and all other team members have been accused of desecrating the national flag during the team's Twenty20 win against Pakistan in South Africa.

According to the petitioner Rahul Pandey, a local lawyer, "Dhoni and several other players not only wrapped themselves in the tricolour, but also rolled on the ground. This was followed by spraying of champagne that fell on the flag." He views the entire act as an "insult" to the flag.

Board of Control for Cricket in India (BCCI) secretary Niranjan Shah, cine star Shah Rukh Khan and commentator Ravi Shastri have been named as "witnesses" in the plaint, as the euphoric revelling took place in their presence.

The petitioner's counsel Vijay Bakshi told IANS over telephone from Kanpur: "We have cited sufficient evidence in the form of television, magazine and newspaper clippings."

He went on to add, "What we found even more shocking was the fact that despite showing disrespect to the national flag, these players were felicitated and showered with gifts and monetary awards, when they actually deserved punishment for their act."

Delhi HC allows ICL to file fresh petition against BCCI

New Delhi, Sep 28 (IANS) Delhi High Court Friday allowed the Indian Cricket League (ICL) to withdraw its petition alleging that the Board of Control for Cricket in India (BCCI) was intimidating players who joined the rebel league. The BCCI had questioned the legal validity of such complaints.

BCCI counsel Ashok Desai and Abhishek Singvi submitted that the ICL did not have any valid reasons to file such a complaint without citing the law on the basis of which it was filed.

The ICL counsel then sought the court's permission to withdraw its petition and file a fresh one stating the specific amendments by Oct 22.

In its petition, ICL had submitted that Indian Oil Corporation (IOC) and Air India had threatened employees that their services would be terminated if they joined ICL.

The petition filed in August by Essel Sports Pvt Ltd, the promoter of ICL, sought that BCCI be directed not to intimidate players who join ICL.

In an interim order, Justice S.K. Kaul had ruled that, "the Public Sector Corporation governed by various ministries will not terminate services or take any punitive action by the reason of its employees (registered with the BCCI) seeking to affiliate themselves to Indian Cricket League".

Desai argued that the ICL petition that levelled allegations against BCCI should be dismissed. Singvi said that no player had ever been intimidated by the BCCI nor were there any allegations of coercion from anybody till date.

The court had asked the government to clarify the situation about the Indian cricket team and the role of BCCI in controlling the game in the country.

ICL had submitted that the team representing the BCCI was not the India team and that BCCI could not intimidate players for joining another group. ICL had also asked for directions to ensure that BCCI would not prevent the rebel league from using stadiums across the country for ICL matches.

"The BCCI had earlier submitted before the Supreme Court that it was a private body and the players were also playing for the board, so the team should not use the name of India and its flag during matches in India and abroad," the ICL petition contended.

The league also accused the cricket board of threatening and intimidating it as well as other state organisations.

Delhi High Court asks BCCI not take action against ICL players

New Delhi, Aug 27 (IANS) The Delhi High Court Monday asked Indian cricket board not to take any coercive action against the cricketers aligning with the rival Indian Cricket League (ICL).

"Let the cricketers play. Don't take any action against them," Justice S.K. Koul said after hearing the ICL petition on the issue.

The court asked the Board for Control of Cricket in India (BCCI), union government and 22 state cricket associations to file their reply to the petition and fixed Sep 28 as the next date of hearing.

The court also asked the government to clarify the situation on the Indian cricket team and the role of BCCI in controlling the game in the country.

Senior Counsel Harish Salve appearing for the ICL submitted that the team representing the BCCI was not the India team.

BCCI counsel Abhishek Sanghvi said the board would file its reply within three weeks.

Dalmiya bowls BCCI out in court, slaps perjury case

Kolkata, July 20 (IANS) Top cricket administrator Jagmohan Dalmiya rose like a phoenix Friday when the Calcutta High Court termed his suspension by the Indian cricket board illegal and ruled that he could contest any cricket body poll from anywhere in India. The board will appeal, but meanwhile Dalmiya has slapped a perjury case on it.

Dalmiya has filed a counter application to proceed against the Board of Control for Cricket in India (BCCI) officials, including president Sharad Pawar, for misleading the court.

"I am happy with the verdict. Justice has prevailed," the 67-year-old former International Cricket Council (ICC) chief told IANS soon after the verdict was delivered.

Dalmiya was expelled by the BCCI on charges of fund misappropriation and then forced to resign as the Cricket Association of Bengal (CAB) president last December. He had challenged the BCCI in Calcutta High Court and appealed that he be allowed to contest the polls.

The appeal was allowed.

Upholding Dalmiya's application against the expulsion and ban from the BCCI, as ordered by a committee headed by the BCI president Sharad Pawar last December, Justice Indira Banerjee observed that the rule under which Dalmiya was suspended was not registered and, as such was illegal. The judge said there was no bar on Dalmiya contesting any election of the BCCI or any of its affiliated units.

Justice Banerjee temporarily stayed Dalmiya's suspension, paving the way for him to contest the CAB elections hours before the deadline for filing nominations at 4 p.m. Friday.

But Dalmiya chose not to contest the polls this year.

"Suspension has been stayed for insufficient documents against Dalmiya presented by the BCCI," the judge stated.

Soon after Dalmiya filed a perjury case against BCCI before the court.

Dalmiya's counsel Arindam Banerjee said: "We have filed a perjury case against the board and the disciplinary committee members who had expelled Dalmiya."

A Dalmiya spokesman said: "He has filed an application against BCCI COO Ratnakar Shetty, president Sharad Pawar, secretary Niranjan Shah, vice-presidents Shasank Monohar and Chirau Amin and treasurer N. Srinivasan seeking permission to proceed criminally against them for committing perjury and forgery with an intention to mislead the honourable court."

Meanwhile, BCCI Secretary Niranjan Shah, who was present in the court, told IANS: "We will appeal before a division bench for a stay on the verdict."

The verdict is likely to impact the CAB elections and its July 28 annual general meeting.

Dalmiya may have been out of cricket administration since he was expelled from BCCI, but even today he wields plenty of clout within CAB. The CAB's 121-vote electorate comprises a vote each from the 94 Kolkata-based clubs, 18 districts, eight universities and the Office Sports Federation.

The BCCI had expelled Dalmiya on Dec 16 last following allegations of his involvement in misappropriation of funds of the Pakistan-India-Lanka Committee (Pilcom), the organising body of the 1996 World Cup held in the subcontinent. Following his suspension, Dalmiya stepped down as CAB president, making way for Prasun Mukherjee, Kolkata's police commissioner, to be elected to the post unopposed.

Calcutta HC - Dalmiya's suspension from BCCI illegal

Kolkata, July 20 (IANS) Top cricket administrator Jagmohan Dalmiya Friday won a major battle when the Calcutta High Court termed as illegal his suspension by the Indian cricket board and ruled that he could contest any cricket body poll from anywhere in India.

Dalmiya was suspended by the Board of Control for Cricket in India (BCCI) and then forced to resign as the Cricket Association of Bengal (CAB) president Dec 16 last year. He had challenged the BCCI in Calcutta High Court and appealed that he be allowed to contest polls.

The appeal was allowed.

Justice Indira Banerjee temporarily stayed Dalmiya's suspension, paving the way for him to contest the CAB elections, hours before the deadline for filing nominations at 4 p.m. Friday.

"Suspension has been stayed for insufficient documents against Dalmiya presented by the BCCI," the judge stated.

BCCI lawyers said they would challenge the order in the Supreme Court.

"I am happy but I won't comment much till I get the court papers," the 67-year-old former International Cricket Council (ICC) chief told IANS soon after the verdict was delivered.

The verdict is likely to impact on CAB elections and its July 28 annual general meeting (AGM).

Incumbent Cricket Association of Bengal (CAB) president Prasun Mukherjee Thursday presented his panel for the forthcoming elections. Dalmiya would inform the media about his decision later in the day.

Dalmiya may have been out of cricket administration since he was expelled from BCCI, but even today he wields plenty of clout within CAB. The CAB's 121-vote electorate comprises a vote each from the 94 Kolkata-based clubs, 18 districts, eight universities and the Office Sports Federation.

Lawsuit against Dhoni's swimming pool

Ranchi, June 20 (IANS) Indian vice-captain Mahendra Singh Dhoni's plans to build a swimming pool in his new home seem to have got into fresh trouble with his neighbours after they filed a public interest suit against its construction on grounds that it would add to the colony's water woes.
Residents of Harmu Housing Colony here filed a PIL in the Jharkhand High Court Tuesday, pleading that the pool's construction be halted. They have also questioned the manner in which the Ranchi Regional Development Authority (RRDA) passed the building plans of the house and the pool.

They had earlier petitioned the RRDA and Jharkhand chief secretary in this regard.

Last week, a team of experts had given a clean chit to the pool in their report submitted to RRDA. It said "there would not be any wastage of water by constructing the swimming pool".

However, the first report submitted by the experts earlier this month had been turned down by the Urban Development Department (UDD), which sought a second report on the technical details.

The PIL also alleges that laws were violated while passing the blueprints of the pool and the adjoining house in the colony.

"The building plans of Dhoni's house was passed in just one day. The RRDA overlooked the technical aspects before clearing it. There is a survey report that Harmu Housing Colony faces a water crisis," said one of the petitioners.

The residents have alleged that the swimming pool will need 400,000 gallons of water which will lead to a water scarcity in the neighbourhood.

The Jharkhand government had gifted the 5,000 square feet plot in Harmu Housing Colony to Dhoni in November 2005.

Dhoni is presently in Britain with the Indian cricket team.