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JUSTICE-MUDGAL-IPL-PROBE-COMMITTEE-REPORT-final-feb-8

JUSTICE-MUDGAL-IPL-PROBE-COMMITTEE-REPORT-final-feb-8

JUSTICE-MUDGAL-IPL-PROBE-COMMITTEE-REPORT-final-feb-8

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<strong>JUSTICE</strong> <strong>MUDGAL</strong> <strong>IPL</strong> <strong>PROBE</strong> <strong>COMMITTEE</strong> 201418adverse inference would be drawn in view of his silence.Moreover, any finding as to Mr. Gurunath Meiyappan’sculpability in betting by this Committee without all thematerials being placed before it might prejudice either theprosecution or the defence in the criminal proceedings. Itwould therefore not be fair on the part of this Committee tocome to a conclusive finding that the voice in the tape is infact that of Mr. Gurunath Meiyappan.It is however reasonable to hold that in the event ofthe tapes being found to be genuine, un-tampered andreliable and in the event that the voice in the tape isproved to be that of Mr. Gurunath Meiyappan, therecan be no iota of doubt that Mr. Gurunath Meiyappanwas indulging in betting in <strong>IPL</strong> matches. The conclusionawaits a <strong>final</strong> determination in the criminal proceedingswhere evidently the raw footage and the tapes would beproved scientifically.It is in the interest of all concernedthat the Hon’ble Supreme Court directs an expeditious trialon a day to day basis in the said criminal proceedings.In Rajan Dwivedi Vs CBI cited in (2012) 8 SCC 495, theHon’ble Supreme Court has stated in para 20:“The guarantee of a speedy trial is intended to avoidoppression and prevent delay by imposing on a courtand the prosecution an obligation to proceed with thetrail with a reasonable dispatch. The guarantee servesa threefold purpose. Firstly, it protects the accusedagainst oppressive pre-trial imprisonment; secondly,

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