G.Sampath Kumar Ips v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU G.Sampath Kumar ..
Petitioner Vs.
1. Union of India Ministry of Home Affairs Rep. by Home Secretary North Block Central Secretariat New Delhi.
2. Board of Control for Cricket in India Rep. by the Supreme Court-appointed Committee of Administrators 4th Floor, Cricket Centre Wankhede Stadium D Road, Churchgate Mumbai 400 020.
3. Indian Premier League BCCI-IPL 4th Floor, Cricket Centre Wankhede Stadium D Road, Churchgate, Mumbai 400 020.
Rep. by its Governing Council Chairman.
4. Chennai Super Kings Owned and Controlled by - Chennai Super Kings Cricket Limited Dhun Building, No.827, 3rd Floor Mount Road, Anna Salai Chennai 600 002, Tamil Nadu Rep. by its Managing Director.
5. Delhi Daredevils Owned and Controlled by - GMR Group New Udaan Bhawan Opp. Terminal 3, IGI Airport New Delhi 110 037, India Rep. by its Managing Director.
6. Kings XI Punjab Owned and Controlled by - KPH Dream Cricket Private Limited S15/S16, Centra Mall Industrial Area, Phase I Chandigarh CH 160 002 Rep. by its Managing Director.
7. Kolkata Knight Riders Owned and Controlled by - i. Red Chillies Entertainment Pvt. Ltd.
Backstage Plot No.612 Junction of Ramakrishna Mission Road & 15th Road Santa Cruz (West), Mumbai 400 045 Rep. by its Managing Director.
ii. The Mehta Group N K Mehta International House 178 Backbay Reclamation Mumbai 400 020 Rep. by its Managing Director.
8. Mumbai Indians Owned and Controlled by - Reliance Industries Limited Maker Chambers-IV, Nariman Point Mumbai 400 021 Rep. by its Managing Director (Through) Indiawin Sports Private Limited 3rd Floor, Court House Lokmaniya Tilak Marg Dhobi Talao, Mumbai 400 002 Rep. by its Managing Director.
9. Rajasthan Royals Owned and Controlled by - Royal Multisport Private Limited (Formerly known as Jaipur IPL Cricket Private Limited) 906, Windfall, Sahar Plaza Complex Mathurdas Vasanji Road J B Nagar, Andheri (East) Mumbai 400 059 Rep. by its Managing Director.
10.Royal Challengers Bangalore Owned and Controlled by - United Spirits Limited UB Tower, No.24, Vittal Mallya Road Bangalore 560 001, Karnataka Rep. by its Managing Director.
11.Sunrisers Hyderabad Owned and Controlled by - Sun TV Network Limited Murasoli Maran Towers 73, MRC Nagar Main Road, MRC Nagar Chennai 600 028, Tamil Nadu Rep. by its Managing Director.
12.Ministry of Youth Affairs and Sports Room No.3, C-Wing, Shastri Bhawan
New Delhi 110 001 Rep. by its Secretary.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus restraining the respondents No.1, 2, 3 and 12, their agents, men, representatives, Franchisees and assigns from in any manner conducting the Indian Premier League cricket matches in the absence of precautionary, preventive and reformatory rules and infrastructure to prevent and ensure that sport fraud/illegal betting/spot fixing/match fixing/gambling/tampering and/or other forms of competitive financial exercise is carried to the Public/Players so as to degrade sports/cricket and as to tarnish the image of the Chennai Super Kings and/or such other teams.
For the Petitioner : Mr.Perumbulavil Radhakrishnan For the Respondents : Mr.T.L.Thirumalaisamy for Respondent-1 Mr.Adithya Reddy for Respondent-2 Mr.P.R.Raman Senior Counsel For Mr.C.Seetharaman for Respondent-4 Mr.Rahul Balaji for Respondent-11 Not ready in notice - Respondents 3,5,6,8,10 to 12 No appearance - for Respondents 7 & 9
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.Perumbulavil Radhakrishnan, learned counsel for the petitioner, Mr.T.L.Thirumalaisamy, learned counsel for the first respondent, Mr.Adithya Reddy, learned counsel for the second respondent , Mr.P.R.Raman, learned Senior Counsel, assisted by Mr.C.Seetharaman, learned counsel for the fourth respondent and Mr.Rahul Balaji, learned counsel for the eleventh respondent.
2. The present petition is filed seeking a direction restraining the respondents No.1, 2, 3 and 12, their agents, men, representatives, Franchisees and assigns from in any manner conducting the Indian Premier League cricket matches in the absence of precautionary, preventive and reformatory rules and infrastructure to prevent and ensure that sport fraud/illegal betting/spot fixing/match fixing/gambling/tampering and/or other forms of competitive financial exercise is carried to the Public/Players so as to degrade sports/cricket and as to tarnish the image of the Chennai Super Kings and/or such other teams.
3. Learned counsel for the petitioner submits that the petitioner herein is aware of the facts as he was an Investigating Officer who exposed IPL betting and spot fixing. He had also deposed before Justice Mudgal Committee constituted by the Supreme Court to probe into the allegation of betting and spot fixing.
3. Learned counsel further submits that the conflict of interest exists between the players and the teams. The players who are involved in conflict of interest should not be permitted to play the matches. According to him, the respondents 1 to 3 do not have a mechanism to prevent the sport fraud and/or illegal betting, spot fixing, gambling. The same is necessary for maintaining the purity of the game. As no precautionary measure and effective measures are undertaken by these respondents, the public image of the teams is tarnished and the same also is not conducive for the play of the game. The respondents 2 and 12 have failed to ensure a fool proof system to prevent the citizens from being hoodwinked.
4. Learned Senior Counsel for the fourth respondent submits that the Supreme Court had directed amendments to be made to the bye laws/constitution of the BCCI or the State Associations and the same have been carried out. The Ethics Committee and the Ombudsman are also appointed by every State Association and the BCCI to consider the grievances. The Supreme Court has also appointed three Member Committee to examine and make suitable recommendation to the BCCI for such reforms in its practice and procedure and such amendments in the Memorandum of Association, Rules and Regulations as may be considered necessary and proper. The said Rules and Regulations deal with the conditions of eligibility and disqualifications, if any, for candidates wanting to contest elections, mechanism for resolving conflict of interest, to carry out the probe and the same is in place.
5. There cannot be any dispute with regard to the proposition that the purity of game has to be maintained and the game is to be played in a right spirit.
6. In the instant writ petition, there cannot be a blanket direction. If the petitioner comes across individual instances of match fixing, betting, then, he can make the grievance to the Apex Body, such as BCCI, for necessary action against the erring person on a case-to-case basis. The reforms are already directed by the Apex Court to be carried out in each Association. The bye laws and constitution of State Association are also required to be amended and they have been amended as per the contention of learned Senior Counsel for the fourth respondent.
7. It would not be appropriate, on the basis of some bald statements, to direct the respondents to refrain from conducting any tournament.
8. As observed above, if specific instances are noticed by the petitioner with regard to sport fraud, illegal betting, spot fixing, gambling or otherwise, then, it is for him to invoke the relevant provisions, Rules or Regulations.
9. With the aforesaid observation, the writ petition stands
disposed of. There will be no order as to costs. Consequently, W.M.P.No.9686 of 2018 is closed.
(S.V.G., CJ.) (P.D.A., J.) 26.07.2023 Index :
Yes/No :
Yes/No kpl To
1. The Home Secretary Ministry of Home Affairs North Block Central Secretariat New Delhi.
2. The Supreme Court-appointed Committee of Administrators Board of Control for Cricket in India 4th Floor, Cricket Centre Wankhede Stadium D Road, Churchgate Mumbai 400 020.
3. The Secretary Ministry of Youth Affairs and Sports Room No.3, C-Wing, Shastri Bhawan New Delhi 110 001.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 26.07.2023