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Arbitrator asked to submit recorded statements
July 15, 2003 18:54 IST
The Delhi high court asked the arbitrator, who quashed the five-year ban on cricketer Ajay Jadeja, to supply it the shorthand notebooks used during the proceeding after the Board of Control for Cricket in India raised doubts about the manner of recording of statements by the arbitrator.
"The arbitrator is requested to send the shorthand notebooks in a sealed envelope," Justice Manmohan Sarin said, accepting the request of BCCI's counsel C S Vaidyanathan, on Tuesday.
The BCCI also raised objection to a reported interview given by the all-rounder to a popular sports channel in which, according to the Board, issues involving the case were discussed.
Jadeja's counsel Vineet Malhotra told the court that there were perhaps no comments about the case and assured that in future he would not repeat it.
The court was hearing BCCI's arguments challenging arbitrator Justice J K Mehra's award, lifting the five-year ban imposed on Jadeja on charges of involvement in match-fixing.
Continuing the arguments, BCCI counsel said Jadeja was banned from playing on the report of the disciplinary committe which had found his conduct undesirable.
Vaidyanathan said the cricketer was banned not for betting but for his undesirable contacts with bookies and punters.
The telephonic records, which are evidence, indicated that he was in conversation with a bookie at midnight, he said.
The BCCI told the court that the CBI report had found Jadeja guilty of match-fixing, but the report of the BCCI-appointed Madhavan Committee was not conclusive on this charge and the former police officer was very considerate in his report despite the cricketer admitting his contacts with punters in statements given to him.
Vaidyanathan contended that the Board was not given an opportunity to make its point after its counsel had walked out of the proceedings alleging bias on the part of the arbitrator.
At least one opportunity should have been given to the BCCI before deliverng the award, he said.
The counsel raised doubt whether the question about the wealth of Jadeja was dealt with by the arbitrator or not or was it disallowed.
He said it has to be seen in the shorthand notebook whether the question about the wealth was there or not.
During the earlier proceeding the BCCI had accused the arbitrator of being biased and had termed the award a "perverse finding".
The counsel had alleged that the arbitrator had ignored many an objection raised by the country's apex cricket body.
Jutice J K Mehra, who was appointed as an Arbitrator by the high court, had ruled in Jadeja's favour on the ban, as he found Madhavan's report to be "illegal and against the principles of natural justice". He also set aside the findings of the Disciplinary Committee.
The BCCI challenged the award on April 25 last, just two days before it was to become binding.