21 Nov : Former BCCI President Sharad Pawar on Friday moved Supreme Court challenging a Calcutta High Court directive to initiate criminal proceedings against him and five others, including Board Chief Sashank Manohar, for filing false affidavits in Jagmohan Dalmiya expulsion case.
The lawyer, who filed the appeal on behalf of Pawar, said other Board officials including Manohar are likely to file their petitions on Saturday.
Besides Pawar and Manohar, the other Board officials in the dock are former secretary Niranjan Shah, Ratnakar Shetty (Chief Administrative Officer), N Srinivasan (Secretary) and Chirayu Amin, junior Cricket Committee Chairman.
The High Court in an ex-parte order on 12th November directed its Registrar to initiate criminal proceedings under section 195 of the CrPC (prosecution for contempt of lawful authority of public servants for offences against public justice and for offences relating to documents given in evidence) at an appropriate court.
The lawyer on condition of anonymity said the High Court order was erroneous as it was passed without giving the BCCI officials any opportunity to put forward their arguments. The High Court had passed the order eight months after Dalmiya, a former BCCI president, moved a case of perjury against Pawar and Board officials and sought criminal proceedings against them for allegedly producing false documents in court.
Dalmiya had contended that he was suspended from the BCCI on the basis of an unregistered amendment in the Board’s Rule.He had alleged that the Board had placed forged documents before the High Court on condonation of the time of application for the registration of an amendment to BCCI’s Clause V of Rule 38, which relates to punitive action against a member of the Board.
Dalmiya had contended that the BCCI had wrongly claimed to have received permission from the Tamil Nadu Societies Registration body to register the amendment at a later date.Dalmiya was suspended from BCCI by the Board on 16th December, 2006 and subsequently forced to resign from post of Cricket Association of Bengal President.
The case of perjury (lying or producing false documents before a court of law) was filed by Dalmiya on 20th July, 2007, the day the High Court had declared that his suspension from the Board was illegal.
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