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2014 (5) TMI 1213 - SC - Indian LawsConstitution of a panel of two retired judges of the Madras High Court by the BCCI - betting and spot-fixing in IPL, 2013 - constitution of the probe panel in accordance with the Operational Rules applicable to the IPL or not - constitution of fresh panel to inquire into the allegations, declined - HELD THAT - Instead of Shri M.L. Sharma, IPS (Retired), Shri B.B. Mishra, IPS of the 1983 batch of Assam-Meghalaya Cadre who has a vast experience in investigation including experience in the CBI and who is presently working as Deputy Director General, Narcotics Control Bureau, New Delhi, should head the investigation team. The other officers from Mumbai Police, Chennai Police and Delhi Police and a former cricketer of repute and integrity mentioned against serial Nos. (ii) to (iv) above will be chosen by the Justice Mudgal Committee in consultation with Shri B.B. Mishra. It is directed that the competent authority of Government of India will pass appropriate orders placing the services of Shri B.B. Mishra at the disposal of the Justice Mudgal Committee till completion of the investigation and submission of the report to this Court. Shri B.B. Mishra and the other officers of the investigating team will have the powers to investigate, require attendance of witnesses, the power to examine witnesses, the power to search and the power to seize and all other powers necessary for investigation except the power to arrest and the source of these powers of investigation will be this order passed by this Court. All concerned persons including the BCCI, Mr. N. Srinivasan and the cricket players will cooperate with the investigation in all respects - After investigation, the report will be filed in this Court by the Justice Mudgal Committee by the end of August, 2014 in a sealed cover and the Members of the Committee and the investigation team will not reveal anything regarding the investigation to others and the media and will maintain absolute confidentiality. The matters will be listed in first week of September, 2014 for further hearing before the appropriate Bench. In the meanwhile, Mr. Sunil Gavaskar and Mr. Shivlal Yadav will continue to exercise the powers of the President of the BCCI as per the order dated 28.03.2014 of this Court.
Issues:
Constitution of probe panel by BCCI, Composition of Probe Committee, Investigation into allegations against 13 persons including Mr. N. Srinivasan, Proper composition of the Probe Committee, Cooperation with investigation, Expenses and fees for the investigation team, Continuation of BCCI powers. Constitution of Probe Panel by BCCI: The Cricket Association of Bihar challenged the constitution of a panel by the BCCI to investigate betting and spot-fixing allegations in IPL, 2013. The High Court held that the panel was not in accordance with IPL Operational Rules but declined to form a new panel. The Supreme Court then constituted a Probe Committee headed by Justice Mukul Mudgal to inquire into the allegations against Mr. Gurunath Meiyappan and others related to betting and spot-fixing. Composition of Probe Committee: The Justice Mudgal Committee submitted two reports, one confirming allegations against Mr. Gurunath Meiyappan but requiring further investigation on spot-fixing. The second report mentioned allegations against 13 individuals, including Mr. N. Srinivasan, requiring verification and investigation. The Supreme Court decided that the Justice Mudgal Committee should investigate these allegations to maintain confidentiality and prevent reputational damage. Investigation into Allegations against 13 Persons: The Supreme Court directed the Justice Mudgal Committee to investigate the allegations against 13 individuals, including Mr. N. Srinivasan, to ensure a fair and confidential process. The Committee was to be assisted by specific individuals, with Shri B.B. Mishra leading the investigation team. The Committee was granted necessary powers for investigation, and all parties were instructed to cooperate fully. Proper Composition of the Probe Committee: After considering objections, the Supreme Court finalized the composition of the investigation team, ensuring experienced personnel were involved. Shri B.B. Mishra was appointed to head the team, with officers from Mumbai, Chennai, and Delhi Police, along with a respected former cricketer, assisting in the investigation process. Cooperation with Investigation: All parties, including the BCCI, Mr. N. Srinivasan, and cricket players, were mandated to cooperate fully with the investigation. The Justice Mudgal Committee was empowered to seek necessary orders from the Court to overcome any difficulties during the investigation process. Expenses and Fees for the Investigation Team: The BCCI was directed to bear all expenses related to the investigation, including travel, lodging, and fees for the Committee members and the investigation team. The Central and State Governments would continue to pay salaries to the team members, which the BCCI would reimburse accordingly. Continuation of BCCI Powers: The Supreme Court decided that Mr. Sunil Gavaskar and Mr. Shivlal Yadav would continue to exercise the powers of the BCCI President until further hearing in September 2014. The matters were scheduled for further discussion before the appropriate Bench at that time.
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