Board of Control for Cricket in India v. Cricket Association of Bihar (SC) BS603930
SUPREME COURT OF INDIA

Before:- A.K. Patnaik and F.M. Ibrahim Kalifulla, JJ.

Civil Appeal No. 4235 and 4236 of 2014. D/d. 29.4.2014.

Cricket Association of Bihar - Petitioner

Versus

Cricket Association of Bihar and others - Respondents

With Civil Appeal No. 4236 of 2014.

Cricket Association of Bihar - Petitioner

Versus

Cricket Association of Bihar and others - Respondent

For the Appearing Parties :- Ajit Kr. Sinha, C.A. Sundaram, Shyam Divan, Mukul Rohatgi, Amit Sibal, P.S. Raman, V. Prakash, Ashok Desai and Gopal Subramanium, Senior Advocate (Ms. Nalini Chidambran, Rajat Sehgal, Chandrashekhar Verma, Gagan Gupta, Imran Ahmed Abbasi, Ms. Radha Rangaswamy, Ms. Akhila Kaushik, Mr. Rohini Musa, P.R. Raman, Ms. S.P. Arthi, Ms. Ranjeeta Rohatgi, Rahul Mascarenhas, Ms. Pratibha M. Singh, Tajveer Singh, Gaurav Sharma, P.B. Suresh, Vipin Nair, Udayaditya Banerjee (for M/s. Temple Law Finn, Advocates), Amol Chitale, Prateek, Devanshu Popai, Mr. Pragya Baghel, Sandeep Sethi, Hari Shankar, K. Aditya Verma, Anshuman Upadhyay, T.K. Bhaskar, K. Harishankar, S. Lakshmi, Devansh Popai, Vikas Singh Jangra, Kirat Singh Nagra, Deep Roy, Monish Panda, Ksitij Karjee, Anish Dayal, Siddharth Vaid, Ms. Tamali Wad, Anshuman Srivastava, Abhishek Tewari, Vidushpath Singhania and Gautam Bhardwaj, Advocates.

Constitution of India, Articles 226 and 336 - Public Interest Litigation - Sports matters - Cricket - Match fixing and spot-fixing in Indian Premier League - Composition of Probe Committee to investigate the allegations against various cricketer and President Mr. Srinivasan - Order Reserved.

[Paras 3 and 4]

ORDER

Heard learned counsel for the parties. We are of the considered opinion that until duly constituted Probe Committee investigates into the allegations made against the cricketers and Mr. Srinivasan mentioned in the Report of the Probe Committee and kept in the sealed cover and submits a Report, this Court cannot come to findings necessary to finally decide these matters.

2. On 23rd April, 2014, when the matters were taken up for hearing, we had called upon Mr. Gopal Subramanium, Senior Counsel appearing for the Probe Committee to take instructions from the Probe Committee as to whether the Probe Committee is willing to undertake investigation into the allegations against different cricketers and Mr. Srinivasan in the Report kept in the sealed cover. On instructions from the Probe Committee, Mr. Gopal Subramanium has submitted that the Probe Committee is willing to undertake the investigation. He has also submitted a written note on the persons who can be appointed to assist the Probe Committee in the investigation and the manner in which the investigation is to be done.

3. We have heard learned counsel for the parties also on what should be the proper composition of the Probe Committee which should undertake the investigation into the allegations against cricketers and Mr. Srinivasan mentioned in the Report of the Probe Committee kept in the sealed cover. Learned counsel appearing for the BCCI and Mr. Srinivasan have submitted that the investigation should be entrusted to a Probe Committee different from the Probe Committee which earlier submitted the Report.

4. We reserve these matters for orders on the composition of the Probe Committee for investigation into the allegations against the cricketers and Mr. Srinivasan in the Report kept in the sealed cover and other incidental matters.

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