IPL spot-fixing: BCCI probe panel illegal, Bombay HC says

July 30, 2013
Mumbai, Jul 30: In a severe blow to BCCI and its president-in-exile N Srinivasan, the Bombay high court on Tuesday held as "illegal and unconstitutional" the two-member probe panel set up by it to look into spot-fixing and betting charges in the IPL tournament.
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The high court order comes just two days after the probe panel submitted its report on July 28 giving a clean chit to Srinivasan, his son-in-law and owner of Chennai Super Kings team Gurunath Meiyappan and Raj Kundra, owner of Rajasthan Royals and husband of actress Shilpa Shetty.

A division bench of justices S J Vazifdar and M S Sonak was hearing a public interest litigation filed by Cricket Association of Bihar and its secretary Aditya Verma challenging the constitution of the two-member commission, set up by the (Board for Control of Cricket in India) BCCI and IPL Governing Council to probe allegations of betting and spot-fixing.

The bench, while allowing the PIL, said the constitution of the probe panel was "illegal and unconstitutional."

"We have succeeded and the court has accepted our contentions. It is now upto the BCCI to see what is to be done next," advocate Amit Naik, who appeared along with senior counsels Virendra Tulzapurkar and Birendra Saraf for the petitioner, said.

The petition alleged blatant bias by former BCCI president Srinivasan in the light of mounting allegations against himself and in constituting the probe panel as he is the vice-Chairman and Managing Director of India Cements Ltd, which owns the IPL team - Chennai Super Kings.

The PIL urged the court to direct BCCI to recall its order constituting the probe panel and instead the court shall form a panel of retired judges as it may deem fit to hold inquiry against Meiyappan, India Cements Ltd and Jaipur IPL Cricket Pvt Ltd with regard to their involvement in spot fixing and betting.

BCCI and Srinivasan, in their reply affidavits, termed the petition as "motivated and vested with personal interests."

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March 22,2024

The Enforcement Directorate on Friday produced Delhi Chief Minister Arvind Kejriwal before the Rouse Avenue court and sought a 10-day custody in the excise policy-linked money laundering case. "Kejriwal was the kingpin of the scam," the ED reportedly told the court after the AAP chief was produced before Special Judge Kaveri Baweja around 2 pm amid tight security. 

ASG S V Raju was appearing for the agency, while Senior Advocate Abhishek Manu Singhvi is representing Kejriwal. 

Raju in his argument said Kejriwal was "directly involved in formulation of the (liquor) policy... he was involved in handling of proceeds of crime as well in the Goa election campaign."

"The expert committee was constituted but it was a sham committee. The policy was made in such a manner that it would enable the taking of bribes and recoupment of people who gave the bribes," the ED counsel said. 

Kejriwal was produced in the trial court shortly after he withdrew from the Supreme Court his plea against arrest by the Enforcement Directorate in the excise policy-linked money laundering case. Kejriwal's counsel said he would contest the remand proceedings before the trial court and then come back to the apex court with another petition.

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March 19,2024

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New Delhi, Mar 19: The Supreme Court today came down heavily on Patanjali Ayurved for failing to respond to a contempt notice for issuing misleading advertisements and ordered yoga guru Ramdev to appear before it.

A bench of Justices Hima Kohli and Ahsanuddin Amanullah also summoned Patanjali managing director Acharya Balkrishna.

The Supreme Court last month pulled up Patanjali for prima facie violation of its assurances about its products and statements claiming their medicinal efficacy. The court had issued a notice to Patanjali and Balkrishna, asking why contempt proceedings should not be initiated against them.

It noted today that Patanjali did not file a response even though it had held a press conference after its previous order. "Why haven't you filed your response yet? We will ask the managing director to appear in the court during the next hearing," the court said.

The order states both Ramdev and Balakrishna were prima facie in violation of Sections 3 and 4 of the Drugs and Remedies Act, which deal with misleading ads of medicines.

The court also issued a contempt notice to Ramdev, co-founder of Patanjali, and asked him to explain why he should not face action for contempt of court.

Senior lawyer Mukul Rohatgi, appearing for Patanjali Ayurved, opposed the move and sought to know, "How Ramdev comes into the picture?"

"You are appearing. We will see on the next date. Enough," the court replied.

"We had our hands tied earlier but not now. As an officer of the court, you (Mr Rohatgi) should know your position," said Justice Amanullah.

The court was hearing a petition by the Indian Medical Association (IMA) alleging a smear campaign by Ramdev against the vaccination drive and modern medicines.

On February 27, it had issued a contempt notice to Patanjali and cautioned them against from making any statements against any system of medicine in the media. It had also pulled up the centre for not taking action and said they were sitting with their eyes closed.

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March 29,2024

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The Income Tax department has issued a notice of approximately Rs 1,700 crore to the Congress party, exacerbating its financial concerns ahead of the crucial 2024 Lok Sabha elections, multiple reports revealed on Friday.

The development comes after the Delhi High Court rejected the party's plea challenging reassessment proceedings for four assessment years.

The new demand pertains to assessment years 2017-18 to 2020-21 and includes penalties and interest. The Congress party now awaits reassessment for three other assessment years, expected to conclude by Sunday, the stipulated deadline, said a report.

Congress lawyer and RS MP Vivek Tankha alleged that the fresh notice of nearly Rs 1,700 crore was served on the party on Thursday without key accompanying documents.

"We received the demand notice without assessment orders. The govt appeared keener to serve us with demand rather than issue us reasons for reassessment," a news paper quoted Tankha as saying. He further added, "this is how the main opposition party is being strangled financially, and that too during the Lok Sabha elections".

Delhi HC rejects plea

The Delhi High Court, on Thursday, dismissed petitions filed by the Congress challenging the initiation of tax reassessment proceedings spanning four years by tax authorities. Justices Yashwant Varma and Purushaindra Kumar Kaurav, comprising the bench, stated that the pleas were rejected in line with their earlier decision to abstain from intervening in the reopening of reassessment for an additional year.

The subject matter of the case pertained to assessment years from 2017 to 2021.

In a previous petition dismissed the week before, the Congress party had contested the initiation of reassessment proceedings concerning assessment years 2014-15 to 2016-17.

The High Court dismissed the plea, citing that the tax authority had prima facie gathered "substantial and concrete" evidence warranting further scrutiny. The tax department alleged that approximately Rs 520 crore had evaded assessment during these three years.

Additionally, the department revealed that searches conducted on entities, including some purportedly linked to Karnataka deputy chief minister D K Shivakumar and a company in Surat, had uncovered cash transactions involving Congress. These transactions were cited as violations, disqualifying the party from tax exemption available to political parties.

In the absence of exemption, parties are treated as "association of persons" and are obligated to pay taxes on their reported income. Moreover, the cash transactions are included in their total income.

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