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[bouncer]

THE " DESTROY DALMIYA "CONSPIRACY BOOMERANGS !


Dalmiya... Will he fight back?

Thanks to the Bombay High Court , CricketNext stands vindicated once again ( it's becoming seriously a bad habit with us). Please read our several archived pieces , and you will know what I mean. We were the only media to explicitly denounce ( and not just report) the extremely vicious nature of the personal humiliation being meted out to former BCCI President Jagmohan Dalmiya for his several acts of commission and omission during his halcyon days in the gaddi ( throne) of Indian cricket administration. But we have also critically disapproved of the current BCCIs vindictive campaign against the Kolkotta businessman ; it is callous, cold-blooded and calculated.

We reiterate once again; we were bitter critics of Dalmiya's atrocious and authoritarian style of running BCCI ; but we have strongly denounced the obsessive paranoia of this BCCI regime to destroy Dalmiya . And now in the ultimate knock-out punch , the Bombay High court has made some serious damaging observations against the current BCCI control-room, as reported in one of India's leading newspapers this morning. Here's a summary:

1) The Bombay High Court has mentioned that there is no prima facie evidence against Jaggu Dada.

2) The timing and motives of the BCCI has been questioned. Was it deliberately motivated ? Why? By whom?

3) Was the Maharashtra state government machinery misused or given an authoritarian right to take matters unilaterally in their own hands?

4) Dalmiya has been " exonerated from all charges ". So was the real intention just to threaten or intimidate him?

5) The Court has agreed that Dalmiya was right in believing that there was a conspiracy to oust him by the current rulers of the cash-rich BCCI? Why do these people still fear Dalmiya today when he is out of the power zone ? What's going on? Who is behind it? What are the stakes?

The Bombay High Court order exposes the sleazy underbelly of Indian cricket administration. And we seriously wonder, whether the Indian cricketers who slog in sweltering conditions and quietly obey all diktats from power-obsessed officials of BCCI and are treated like virtual puppets , deserve this.

Our assessment: The current BCCI monarchs have tasted blood big-time through massive commercial deals. They are all experiencing untold power, money clout, media publicity and other sundry benefits . In fact, they are now getting even more hungrier and greedy------ and there is only one major hurdle in their way; Jaggu Dada. Their biggest worry is that BCCI elections are an annual tamasha ( circus) , so the sooner they annihilate Dalmiya before the next elections due shortly , the better. You will now see a spate of fresh notices on Dalmiya & Co and they will relentlessly hound him; they will keep him cornered, caged , cribbed and cabined.

Sadly for them, there are some institutions in India that still finally work well----- the courts and the judiciary. We would like to state that wherever it is established that Dalmiya played a snide crook and indulged in corrupt practices, , he ought to be punished . But there are two factors to be noted; it should be in an appropriate legal manner, and secondly, the punishment should be commensurate to the crime perpetrated.

Dalmiya may yet be perennially pulverized into a pulp, but I feel that Indian cricket , under such a macabre and malevolent leadership will go nowhere. A pity, because those small town-boys like MSD and Suresh Raina, and a Sreesanth and Sehwag deserve better. But who cares?

Over to you.

Sanjay Jha

Managing Editor

[prfsr]

Another report here

Seems to be not reported in the Kolkata papers?

-P

http://www.hindustantimes.com/news/181_1679096,0008.htm

Court says Dalmiya victim of state-power abuse

Kadambari Murali

New Delhi, April 20, 2006


In what could have grave implications for the current BCCI regime, the Bombay High Court has virtually given former board president Jagmohan Dalmiya a clean chit for the time being, while granting him and others anticipatory bail in the misappropriation of funds case.

The order -- though passed on April 10, its written copy was made available only on Monday night -- has also questioned the motive and timing of the current regime in going after Dalmiya and raised questions over the Maharashtra government's role in this.

While saying "There is therefore, at the moment, no material to indicate, prima facie, any case of misappropriation as alleged by the complainant", Justice VM Kanade has also written: "Brooding omnipotence of the State machinery being available at the disposal of the complainant also cannot be ignored."

The actual complainant in the case is board secretary Niranjan Shah but he was merely a representative of the BCCI itself -- an obvious reference to the clout of board president Sharad Pawar.

The HC has pointed out that in the case of irregularities in the withdrawal of £5,000 from the PILCOM 1996 World Cup account -- an allegation made by the BCCI against Dalmiya -- the case was thoroughly investigated by the Directorate of Enforcement and the RBI, and Dalmiya was "exonerated from all charges".

It doesn't end here. The court said, "The complaint does not appear to have been filed bona fide". And added: "…there appears to be a grain of truth in the allegation of the petitioner Shri Dalmiya that the complaint was filed hurriedly without affording reasonable opportunity to him and was a ruse to remove him permanently from the competition."
 
This last remark is also very damaging as Dalmiya has consistently maintained that the current BCCI regime has embarked on a vendetta and a witch-hunt to ensure that he does not return to power.

While the court's scathing remarks on the BCCI will obviously give Dalmiya & Co a huge fillip when the actual case comes up for hearing, the board will probably take solace from one thing. The judge has said that if further evidence can be provided substantiating the BCCI's allegations, the State can try and get the bail order cancelled.

[Sahir]

1) The Bombay High Court has mentioned that there is no prima facie evidence against Jaggu Dada.

2) The timing and motives of the BCCI has been questioned. Was it deliberately motivated ? Why? By whom?

3) Was the Maharashtra state government machinery misused or given an authoritarian right to take matters unilaterally in their own hands?

4) Dalmiya has been " exonerated from all charges ". So was the real intention just to threaten or intimidate him?

5) The Court has agreed that Dalmiya was right in believing that there was a conspiracy to oust him by the current rulers of the cash-rich BCCI? Why do these people still fear Dalmiya today when he is out of the power zone ? What's going on? Who is behind it? What are the stakes?

I thought some people might be interested in my legal analysis of this situation.  Very, very interesting indeed.  First off, without actually reading the court's official opinion, I will assume the above five points to be an accurate summation of the opinion.  In the first point, the lack of a prima facie case-- the initial thing a plaintiff is required to do in any case is show there is enough evidence to go to trial.  It does not mean that there has to be enough evidence to prove guilt right off the bat, but enough to raise significant suspicion.  The decision is the judge's to make.  Essentially, the defence attorney's follow up with a motion to dismiss on lack of evidentiary grounds.  The second, third, and fifth points are what are really interesting.  If the court indeed insintuated what tantamounts to malicious litigation pursued by the BCCI against Dalmiya, then there is almost explicit instruction to Dalmiya that he has a relatively strong case for slander and defamation of character.  In fact, judging by the court's own suspicion of the timing of the events, further questioning the motives of the state government, the court has almost indicated that Dalmiya has at the very least a prima facie case (enough evidence to go to trial) for defamation of character.  Of course, nobody can be entirely sure what the final result of such an investigation and case would be without more facts.  I will be interested in seeing whether Dalmiya decided to pursue the case or whether there may be some behind the scenes negotiation process to settle the case.

On a side note, it is interesting to note the court's rather far-reaching opinion.  Most judges usually only decide on the matter speciafically before them without really making any comments on possible future matters.  However, the court felt strongly enough here to somewhat go beyond the scope of the opinion.  This further gives indication to the court's belief of malicious litigation in this matter.

[keep-it-cool]

Sahir, what I am really surprised is at is the fact that this is not even the hearing for the actual case .. it was just a hearing to decide on bail .. the actual case has yet to be heard .. is this normal? (i have no legal background)

[Sahir]

Sahir, what I am really surprised is at is the fact that this is not even the hearing for the actual case .. it was just a hearing to decide on bail .. the actual case has yet to be heard .. is this normal? (i have no legal background)

No, highly unusual, to say the least.  There is no doubt that the court went beyond the scope of the decision it was required to make, but it can do so, if it so pleases (obviously the court felt strongly enough that it needed to go beyond the scope of the decision required).  However, those parts of the case cannot be relied on in the future as legal precedent (mandatory) as most court opinions can, but rather dicta (persuasive).

[keep-it-cool]

thanks sahir ... your explanation is most useful ... besides, sounds impressive and suitably confusing (very lawyer like)

[Sahir]

thanks sahir ... your explanation is most useful ... besides, sounds impressive and suitably confusing (very lawyer like)

Sometimes the terminology and proceedings can be confusing, but certainly my aim is to try and clear it up as much as possible.  So, if you have any questions about anything, I'll try my best to answer.

[keep-it-cool]

thanks sahir ... your explanation is most useful ... besides, sounds impressive and suitably confusing (very lawyer like)

Sometimes the terminology and proceedings can be confusing, but certainly my aim is to try and clear it up as much as possible.  So, if you have any questions about anything, I'll try my best to answer.

thanx; i've already noticed, you are much easier to understand than most of my lawyer friends

on a lighter note, Indian Finance Minister P Chidambaram's (who is a lawyer himself) response to the question "why do you not levy service tax on lawyers like you do with everyone else?" is a classic ...
He says "There is a strong school of thought out there that they do not provide any"

No offence meant, obviously

[Sahir]

thanks sahir ... your explanation is most useful ... besides, sounds impressive and suitably confusing (very lawyer like)

Sometimes the terminology and proceedings can be confusing, but certainly my aim is to try and clear it up as much as possible.  So, if you have any questions about anything, I'll try my best to answer.

thanx; i've already noticed, you are much easier to understand than most of my lawyer friends

on a lighter note, Indian Finance Minister P Chidambaram's (who is a lawyer himself) response to the question "why do you not levy service tax on lawyers like you do with everyone else?" is a classic ...
He says "There is a strong school of thought out there that they do not provide any"

No offence meant, obviously

LOL

[LosingNow]

Sahir, what I am really surprised is at is the fact that this is not even the hearing for the actual case .. it was just a hearing to decide on bail .. the actual case has yet to be heard .. is this normal? (i have no legal background)

No, highly unusual, to say the least.  There is no doubt that the court went beyond the scope of the decision it was required to make, but it can do so, if it so pleases (obviously the court felt strongly enough that it needed to go beyond the scope of the decision required).  However, those parts of the case cannot be relied on in the future as legal precedent (mandatory) as most court opinions can, but rather dicta (persuasive).

Sahir: it is highly unusual..because,more than likely, the judge has been bought or less likely, the judge is trying to extend his 15 min of  fame... I must say, from my experience of dealing with one judge in India in a small matter - they love to talk and preach and go beyond the point of discussion...so I am not surprised this guy went beyond his remit here ;-)

[flute202020]

Sahir, what I am really surprised is at is the fact that this is not even the hearing for the actual case .. it was just a hearing to decide on bail .. the actual case has yet to be heard .. is this normal? (i have no legal background)

No, highly unusual, to say the least.  There is no doubt that the court went beyond the scope of the decision it was required to make, but it can do so, if it so pleases (obviously the court felt strongly enough that it needed to go beyond the scope of the decision required).  However, those parts of the case cannot be relied on in the future as legal precedent (mandatory) as most court opinions can, but rather dicta (persuasive).

Sahir: it is highly unusual..because,more than likely, the judge has been bought or less likely, the judge is trying to extend his 15 min of  fame... I must say, from my experience of dealing with one judge in India in a small matter - they love to talk and preach and go beyond the point of discussion...so I am not surprised this guy went beyond his remit here ;-)

losingnow, In case you are implying that according to Sahir the judge went beyond his remit, I don't think so. He merely said, it is unusual. These unusual things happen when a Honorable judge sees things which are so out of place that he is compelled to move from established routine, while doing so, he is still within his rights and remit.

Guys, lets not go drag the courts and judges into the mud here. Going by the court, it seems like Pawar gang is becoming overzealous. I hope HC gives them a strong rap on the knuckles before dismissing the case. These are serious comments made against Shah, but bad reflection on Pawar, we are talking about misuse of state and central machinery for vendetta. This might be a good indicator of things to come if a political guy also wants to have handle a second job as BCCI president. This whole thing of politicians getting into BCCI affairs is not to my liking, but the problem is, Dalmiya was so well entrenched and was keeping the system in his grips for so long that nobody other than a powerful politician can dislodge him. Its kind of sick how we manage our affairs. Dalmiya sucks, pawar sucks.

[achutank]

Sahir, what I am really surprised is at is the fact that this is not even the hearing for the actual case .. it was just a hearing to decide on bail .. the actual case has yet to be heard .. is this normal? (i have no legal background)

No, highly unusual, to say the least.  There is no doubt that the court went beyond the scope of the decision it was required to make, but it can do so, if it so pleases (obviously the court felt strongly enough that it needed to go beyond the scope of the decision required).  However, those parts of the case cannot be relied on in the future as legal precedent (mandatory) as most court opinions can, but rather dicta (persuasive).

Sahir: it is highly unusual..because,more than likely, the judge has been bought or less likely, the judge is trying to extend his 15 min of  fame... I must say, from my experience of dealing with one judge in India in a small matter - they love to talk and preach and go beyond the point of discussion...so I am not surprised this guy went beyond his remit here ;-)

losing now, with absolutely no malice here, (and please accept my apologies in advance if i am crossing the line here or touching on something sensitive)

your story seems to be more mysterious and interesting

[bouncer]

Sahir: it is highly unusual..because,more than likely, the judge has been bought or less likely, the judge is trying to extend his 15 min of  fame... I must say, from my experience of dealing with one judge in India in a small matter - they love to talk and preach and go beyond the point of discussion...so I am not surprised this guy went beyond his remit here ;-)

It is laughable how people extrapolate their experience from one judge to everyone in the profession. Whichever profession LN is in, will it be fair to stereotype people of that profession based on his ....... remarks?

[dextrous]

Sahir: it is highly unusual..because,more than likely, the judge has been bought or less likely, the judge is trying to extend his 15 min of  fame... I must say, from my experience of dealing with one judge in India in a small matter - they love to talk and preach and go beyond the point of discussion...so I am not surprised this guy went beyond his remit here ;-)

It is laughable how people extrapolate their experience from one judge to everyone in the profession. Whichever profession LN is in, will it be fair to stereotype people of that profession based on his ....... remarks?

The this is, the Bombay High Court, in Pawar's homestate, actually consists of Gangualian judges.