Lalit Kumar Modi
Chairman & Commissioner
(Suspended)NIRLON HOUSE
DR. ANNIE BESANT ROAD
WORLI, MUMBAI-400030
PHONE: 91-?022-?66637373
FAX: 91-?022-?24932260
25,May 2010
TO,
Mr. SHASHANK MANOHAR,
PRESIDENT,
BOARD FOR CONTROL OF CRICKET IN INDIA
MUMBAI.
APPLICATION REQUESTING FOR THE FOLLOWING: -
1) HON. PRESIDENT BCCI MAY CONSIDER EXCLUDING / RECUSING HIMSELF AND/OR BEING ASSOCIATED WITH THE DECISION MAKING PROCESS RELATING TO THE SHOW CAUSE NOTICE DATED NIL RECIEVED ON 26TH APRIL 2010
2) EXCLUSION OF THE HONOURARY SECRETARY, Mr. N. SRINIVASAN FROM ANY FURTHER PROCEEDINGS IN THE COMPLAINT AND SHOWCAUSE NOTICE DATED NIL RECEIVED ON 26TH APRIL, 2010
3) APPOINTMENT OF A BODY COMPRISING OF INDEPENDENT PERSONS FOR ADJUDICATING THE SHOW CAUSE NOTICE AS WELL AS DETERMINING WHETHER THE CAUSE SHOWN BY ME IS SUFFICIENT OR NOT IN TERMS OF ARTICLE 32 (IV) OF THE BCCI RULES: -
IT IS STATED AS HEREUNDER: -
1) That, at the outset, I wish to place on record the fact that the reputation of an institution and its credibility is more important than any individual. The present proceedings although have caused incalculable and irreparable damage to my reputation and credibility as an Administrator, but at the same time, it has put a question mark on the manner in which the Board has chosen to conduct these proceedings. I am constrained to prefer the present application so as to bring a degree of fair play in the present proceedings and also so that the principles of natural justice are complied with in letter and spirit.
2) Though the present controversy is a matter of great personal anguish for me, however, my primary concern has, and would always be, to protect the credibility of the Board and safeguard the interest of the game of cricket. I am sure that the Hon. President, being an eminent lawyer of great reputation, would appreciate that, although it is me who is on trial, however, in a manner of speaking it is the Board itself, which is on trial. By the instant application I do not seek any voice of support for me but only intend to put in place safeguards to ensure that during the course of all the proceedings my voice should not be suppressed and my endeavor to bring out true and correct facts before the members of the Board should not be suffocated.
3) That your good self has been the part of the Governing Council of IPL and hence, been a party and privy to all the decisions and actions taken by the Governing Council, which have been ratified by the General Body of the Board of which you are the current head. Hence, all the decisions have not only been taken with your concurrence but also have been approved twice over by you as has been by others on the GC.
4) That I would now deal with my requests as enumerated herein above which may be considered without bias and prejudice. At the very outset I state, that the same are not motivated by any personal grudge but with the sole intention that
whatever is the outcome of the present proceedings, the process leading to such decision should be fair and proper, thereby rendering the same unimpeachable.
a) THE HON. PRESIDENT BCCI MAY CONSIDER EXCLUDING/RECUSING HIMSELF FROM BEING ASSOCIATED WITH THE DECISION MAKING
PROCESS RELATING TO THE AFORESAID SHOW CAUSE NOTICE DATED NILRECIEVEDON 26TH APRIL 2010
1) That I am constrained to prefer the present application, for your kind consideration that you may consider recusing yourself from participating any further in the proceedings relating to complaint and show cause dated nil as your participation in the proceedings would tantamount to being a judge, witness and a potential co-notice in these
very proceedings. It may be pertinent to note that the allegations made in the show cause are contrary to the minutes as recorded and approved by all the members of the Governing Council and ratified by the General Body of the Board.
2) You sirs are fully aware of the various matters, and have full personal knowledge of whatever transpired. Thus it should be obvious that your participation in the matter is going to create an anomalous situation. Some of those matters are set out below, for your consideration
A) That you are party to each and every decision taken by the Governing Council of the IPL of which you are the member and also party to it's ratification by the General Body which is headed by your good self. You have approved all the minutes of the meetings of the Governing Council of IPL and also ratified the same in the Annual General Body Meetings of the Board and signed all the minutes of the same along-with the Honorary Secretary.
B) The Governing Council of IPL after due consultation amongst itself and only after it's satisfaction approved the bid of successful tenderers including that of M/s Emerging Media. The documents filed by M/s Emerging Media along-with bid included a proposed corporate structure, which was accepted by all members of the Governing Council including you. The said bidder had disclosed (i) that the franchisee would be an entity other than the bidder; (ii) the franchisee would be an Indian company; (iii) the franchisee (Indian company) would be a 100% subsidiary of a Mauritius Holding Company; and
(iv) the ultimate ownership of the franchisee would be held; in identified proportions by three groups. The structure subsequently set up by M/s. Emerging Media was on identical lines as set out in the bid under which the Franchise Agreement was signed. Therefore in such scenario you are a potential witness in any further proceedings in this
matter.
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