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

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JUSTICE MUDGAL IPL PROBE COMMITTEE 201425will have to be considered within the provisions of Para6.4.2 as may be reasonable in the interest of justice.Mr. Gurunath Meiyappan is presently under suspension bythe BCCI till a final decision is arrived at, as regards theallegations made against him. The standard of proof in acriminal proceeding is “beyond all reasonable doubt”.However, under Para 6.3.19 of the Operational Rules, thestandard of proof in respect of all complaints broughtunder the Operational Rules shall be whether aCommission is “comfortably satisfied” bearing in mind theseriousness of the allegation that is made. This standard ofproof shall be determined on a sliding scale from, at aminimum, a mere balance of probability for the leastserious offences, upto proof beyond a reasonable doubt forthe more serious offences. Moreover, the Commissionwould not be bound by judicial rules governing theadmissibility of evidence as in a criminal proceeding andfacts relating to an offence committed under theregulations may be established by any reliable meansincluding admissions.Evidently therefore, an acquittal in the criminalproceedings ipso facto will not bar a subsequent enquiryeither by the BCCI under the Operational Rules, even ifcriminal proceedings fail. Moreover, it is not necessary forthe BCCI to await the final decision in the criminalproceedings, since as already pointed out, the procedure ina Disciplinary enquiry under the Operational Rules and thestandard of proof in such proceedings are substantially
JUSTICE MUDGAL IPL PROBE COMMITTEE 201426different from that of a criminal proceeding. In similarcircumstances, the BCCI had proceeded against theplayers of IPL team, Rajasthan Royals during the pendencyof the criminal proceedings. The BCCI should act in asimilar manner in matters pertaining to allegations ofbetting and passing on inside information againstGurunath Meiyappan and need not await theconclusion of the criminal trial in CR No. 61/2013.III. ALLEGATIONS OF SPOT FIXING AGAINSTGURUNATH MEIYAPPANThe terms of reference of the Committee as directed by theHon’ble Supreme Court include spot fixing in IPL matchesby Mr. Gurunath Meiyappan. No allegation of spot fixingwas made by anyone against Mr. Gurunath Meiyappan orIPL team, Chennai Super Kings.However, in course of deliberations, a serious allegationpertaining to match fixing in the match between IPL teams,Chennai Super Kings and Rajasthan Royals on 12.05.2013played at Jaipur was urged before the Committee.“Match fixing” refers to fixing the final result of the gamewhile “spot fixing” would involve fixing of certain eventswithin a match which can be gambled upon, but whichmay or may not prove decisive in determining the finalresult of the game.
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JUSTICE-MUDGAL-IPL-PROBE-COMMITTEE-REPORT-final-feb-8

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