Amrit Nayak, the lawyer representing the Cricket Association of Bihar, on Tuesday welcomed and justified the Bombay High Court's illegal and unconstitutional description of the probe panel looking into allegations of spot-fixing in the sixth edition of the Indian Premier League (IPL).
He said the main issue was a conflict of interest and that N. Srinivasan was at the helm of BCCI affairs when the entire scandal occurred.
"The main issue was a conflict of interest and that Srinivasan was at the helm of affairs and the manner and the process was not followed even in the constitution of the probe panel. That was the basis of the petition," he said, while throwing light on the PIL.
Nayak said basically the court has held that the constitution of the probe panel as illegal.
"And therefore, the BCCI has to take a decision now on what they want to do on the basis of the order that says that the constitution of the probe panel is illegal," he added.
The Bombay High Court earlier in the day termed the two-member probe panel formed by the BCCI to investigate IPL spot-fixing and betting scandal as 'unconstitutional and illegal'.
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The court has asked BCCI to form a new probe panel to investigate the issue correctly.
The high court's ruling now means that the BCCI's move to declare alleged Chennai Super Kings principal Gurunath Meiyappan and Rajasthan Royals part owner Raj Kundra innocent of spot fixing and betting is null and void.
The court said that a fresh probe needs to conducted against Meiyappan and Kundra. This also means that the return of N. Srinivasan as president of the BCCI has been delayed.
Earlier this month, the counsel representing the BCCI had argued that the Cricket Association of Bihar (CAB) had no locus standi to file a public interest litigation (PIL) on its (BCCI's)functioning, and said that all operational rules were followed while setting up the panel and there were no grounds to interfere.
The matter is being heard by High Court Justice Shiavax Vazifdar, who had asked the BCCI to make submissions on how the probe panel was set up and under what provisions.
Earlier, the Cricket Association of Bihar's counsel Virendra Tulzapurkar had furnished emails sent by BCCI office-bearers Sanjay Jagdale and Ajay Shirke, in which they claimed that no meeting had taken place.
The BCCI had declared on May 28 that its five-member disciplinary committee had picked the three-man probe panel, including two retired high court judges. It was set up to inquire into charges against president N Srinivasan's son-in-law Gurunath Meiyappan, following his arrest by the Mumbai Police for betting on IPL matches.
The PIL also questioned the sanctity of the panel as it was constituted while Srinivasan was still the president. He stepped aside only on June 2, even though there were demands from many sections for him to resign so that he couldn't have an influence on the inquiry.
Tulzapurkar has also contended that the BCCI had not provided the minutes of any meeting for forming the panel.