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InDepth headlines national business sports cricket regional entertainment technology world travel autos health | Madhavan wants Jadeja banned 21.00 IST 16th July 2003 By IndiaExpress Bureau Board of Control for Cricket in India (BCCI)-appointed Commissioner to investigate match fixing and betting in cricket, K Madhavan, has challenged the Arbitrator's award quashing the 5-year ban on Ajay Jadeja and urged the Madras High Court to set aside the order. In his petition filed recently, he has contended that the award by the Arbitrator was against law, weight of evidence and probabilities of the case and was liable to be set aside. The petition cited Ajay Jadeja as the first respondent, BCCI second respondent, and the three Disciplinary Committee Members of the BCCI — A C Muthiah, Kamal Morarka and K Ram Prasad — as third respondents. Maintaining that the award had been passed in "gross breach" of principles of natural justice as he was not given a full hearing in the matter, Madhavan has said that in effect, he was prevented from effectively presenting his case. Taking objection to the recording of notes of evidence by the Arbitrator's steno, he said there was deletion of evidence which was damaging to Jadeja as recorded in the BCCI's application for correcting evidence and recalling Jadeja as a witness. The petition said in the course of his cross-examination, Jadeja had categorically stated that he owned only one property and although this was recorded by the Arbitrator's steno at the hearing, it was deleted from the notes of evidence. The attempted explanation by the Arbitrator in the minutes of January 18, 2003, and in the Award, that the said question and answer were disallowed and therefore deleted from the evidence could not be reasonable since throughout the cross-examination of Jadeja, the notes of evidence clearly reflected which questions were objected to. The submissions of advocates on both sides on such objection and the ruling of the Arbitrator thereon was also recorded. "It is therefore inexplicable that the said crucial evidence simply vanished from the records," the petitioner said. Madhavan said in his petition that he was refused permission to put "absolutely relevant and pertinent questions" during cross-examination to confront Jadeja with the telephone bills of a notorious bookie even though the bills were on record in the arbitration proceedings. Though the CBI had also placed the bills on record in its affidavit in the Delhi High Court and though Jadeja had in his own evidence referred to his telephonic conversations with the bookies, it was not allowed, he said. Madhavan charged that despite his and BCCI's advocates informing in writing on January 20 last that they intended to move proceedings under Section 13 of the Arbitration and Conciliation Act, 1996, the Arbitrator proceeded to pass the impugned Award on January 27, in "unseemly haste". On the findings of the Arbitrator that his report was "biased, illegal and against the principles of natural justice" since he had not examined any witness and did not furnish statements of witnesses to or offer any witness for cross-examination by Jadeja, Madhavan said that Jadeja did not at any time request or require the examination or cross- examination of any witness nor did he raise any grievance of any nature regarding the procedure followed by him (Madhavan). Neither did Jadeja raise any such request or grievances at the hearing before the BCCI Disciplinary Committee, he contended. Madhavan said alongwith the CBI report and the statements of various persons as recorded by it which were shown to Jadeja, he was given the full opportunity to deal with the same. Jadeja did not raise any protest, grievance or demur. Neither did he request any opportunity to lead any evidence or to cross-examine anyone nor did he request to be allowed to be represented by a lawyer. Jadeja had checked the recordings of his own submissions during the inquiry and signed in confirmation of the correctness thereof, the petition said. "Jadeja had clearly admitted that he had numerous telephone conversations with Uttamchand Topi but alleged that he knew him as Ramesh Gupta and did not know for sure that he was a bookie, although before the CBI and during the inquiry he had admitted that he had an inkling that the said gentleman was in fact a bookie," the petition stated. Madhavan said in his petition that his report concluded and held that Jadeja had "close undesirable contacts and objectionable nexus" with various bookies and punters and that such conduct was unbecoming conduct and misconduct since he was a national level player. Stating that these findings were based upon his analysis of Jadeja's telephone records and his own signed statement and evidence before him, Madhavan said that consequently, no question arises of examination of any other witnesses or non-furnishing of statements of witnesses or not offering witnesses for cross-examination. On the Arbitrator's remarks he had a "close liaison" with the CBI and other agencies "behind the back" of Jadeja without disclosing it to him, Madhavan said it was totally false that he had collected material behind the back of Jadeja. Furthermore, Madhavan said that his affidavit of evidence filed before the Arbitrator had specifically stated that he had informed Jadeja that at his request the CBI had furnished him with copies of the statements of various persons who had been examined by the agency and that he had shown the same to Jadeja on November 12, 2000. |
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