India news March 26, 2014

Srinivasan exploring legal options

20

In the day between the Supreme Court's stinging remarks against him and the expiry of the court's ultimatum to step down, BCCI president N Srinivasan is believed to be exploring his legal options. One option is for Srinivasan - who underwent cataract surgery on Wednesday - to step down, in line with the court's wishes; the other is for him to brazen it out and, if justices AK Patnaik and Ibrahim Kalifulla do carry out their threat to unseat him, go into appeal.

However, going the appeal way - through review or curative petitions - might not prove to be helpful, a senior BCCI official well versed with the legal procedures told ESPNcricinfo. "Generally both avenues are restricted provisions. The review itself is a very, very restrictive jurisdiction. Thereafter, curative petition is far more restrictive." the BCCI official said. "Normal prudence demands one should comply with the observations."

The first option available to Srinivasan would be to file a review application. A review is not a challenge, the official said. "It is just an opportunity to point out that are some errors on the face of the record that need to be rectified. It is entirely up to the judges to decide whether to admit a review or not."

Filing a review is a two-step process. "If the plea is justified the judges might allow the review application and open it for a new hearing," the official said. "Suppose the judges feel that grounds in the review application require an open hearing from the counsels. A final call would then be taken on whether the review can be accepted."

If the court dismisses the review, Srinivasan has one more avenue: the curative petition. This application is also heard by the judges in their chambers and it is their discretion whether or not to consider the plea.

The official said that Srinivasan, if he does resign and is replaced by an interim BCCI president, can make a comeback at the elections in September provided the inquiry has been concluded and Srinivasan receives a clean chit. He also made it clear that the court ruling would not have any bearing on Srinivasan's position at the Tamil Nadu Cricket Association (TNCA), of which he is the president.

According to another BCCI insider, Srinivasan's next move would be to "buy time". The ideal scenario for Srinivasan would be to ensure that the matter is delayed through legal arguing about his willingness to "stand aside" rather than resigining until the probe is completed. This scenario could lead to a situation where the case is pushed to its next hearing a month later, towards the end of April, just before the Supreme Court's month-long summer break in May. When the court resumes, a new judge will have to be appointed to the case as Justice Patnaik is due to retire from June 3.

Nagraj Gollapudi is an assistant editor at ESPNcricinfo

Comments have now been closed for this article

  • Rahul_78 on March 27, 2014, 5:06 GMT

    Can somebody please clarify me? Isnt the post Srini holding as President of BCCI is a Honorary one? If so that means he is not getting paid for the job he is doing in his capacity as BCCI chief neither is his livelihood is depending on it. Then why so much reluctance to let go of a Honorary post? I know lot of you will laugh at the question but I sincerely do hope if someone can provide a credible answer then it should help us in gauging Srini's monumental struggle to stick to his post.

  • Prabahar_Trichy on March 27, 2014, 0:16 GMT

    I admire the Strong will power of N.SRINI. Inspite of the odds he has the courage to stand up & seek other options that are available. Never say Die attitude has shown him as a "leader"

  • electric_loco_WAP4 on March 26, 2014, 23:50 GMT

    Horse is bolted for srinivasan. Theres no coming back. SC showing who got the real power

  • Adnan_MD on March 26, 2014, 20:28 GMT

    Every man has its day. Everyone has tasted the rise and fall. It's about time this man tastes his fall. Nevertheless, innocent until proven guilty. Allegations are still allegations at the end of the day. I was watching TV earlier, and this man will not be accepting the offer of removing himself, but rather will be looking for an alternative. He's not going down easy, nor will he. Only time will tell what will happen. He has to answer the court tomorrow, let's see what the justice department has planned for him

  • bhushanB on March 26, 2014, 19:29 GMT

    If not for the most unlikeliest coincidence.....

    that N. Srinivasan happens to own CSK, which employs IND Captain in three formats.....a team which also has players like

    Ashwin, Jadeja, Raina who have been retained year after year by the franchise.....at the same time these continue to njoy

    playing in the NATIONAL team's X1 inspite of their repeated poor performances in the highest form of crickets -

    TESTS.....and how Vijay (I did admire his fight against SA in the recent tests) and Mohit Sharma are always a step away

    from getting into the final X1... The kind of stubborn power that Dhoni (which even ganguly would despise) shows on the

    face of fans and selectors alike...when sidelining Pujara, Ojha, Mishra, Bhuvi, Rahane (for raina), Binny, Aaron, Umesh,

    Praveen kumar... and selecting his other TalenteD buddies like Rohit sharma and Ishant Sharma....

  • Alexk400 on March 26, 2014, 19:12 GMT

    I may not like N srinivasan support of DRS , Dhoni even owning CSK. But he gave stability. He is just had apple in his family. Its not his fault.

  • on March 26, 2014, 18:33 GMT

    First he should comply with the court orders, or else contempt of court will be the case. Then he can legally chalannge the Order issued by SC. Fair and decent chances have to be given. If his son in law did wrong, why should Srinivasan be blamed?

  • on March 26, 2014, 15:21 GMT

    @D-Ascendant on (March 26, 2014, 12:24 GMT):

    You missed out a major one: Chairman of the India Cements & associated companies in the group.

  • smudgeon on March 26, 2014, 13:11 GMT

    Here's a suggestion: do as the court says and stand down willingly while the investigation is conducted. It'll buy more goodwill with the courts than if you try to "brazen it out". Courts tend to like people who behave with dignity and humility, and respect the law and the courts' authority. Standing down when requested by the courts to do so isn't an admission of guilt, and if Srinivasan has done nothing wrong, then he has nothing to worry about, right? Right.

  • ramz30380 on March 26, 2014, 13:03 GMT

    @Dashgar, @febx10i, @whiteknight59 & @tanstell87 - I can understand why @ Sarathy PB made that comment...

    In this same forum there have been plenty of people opining to scrap the CSK team which as u guys pointed out has been the most successful in IPL cricket along with Mumbai Indians - which I def find very ridiculous because the fans of CSK deserve better than just scrapping.

    Regional politics is also an issue as we know tht not many from the South had had their say in Indian cricket admin for a long time... A combo of both is wht I think that as a fan, cricket follower is very disheartening and hence his voice for support...

    But @ Sarathy PB has to understand tht no-one is larger than the game - the men in blue sweat it out on the field and ppl sitting in AC rooms cannot take the credit for tht!

  • Rahul_78 on March 27, 2014, 5:06 GMT

    Can somebody please clarify me? Isnt the post Srini holding as President of BCCI is a Honorary one? If so that means he is not getting paid for the job he is doing in his capacity as BCCI chief neither is his livelihood is depending on it. Then why so much reluctance to let go of a Honorary post? I know lot of you will laugh at the question but I sincerely do hope if someone can provide a credible answer then it should help us in gauging Srini's monumental struggle to stick to his post.

  • Prabahar_Trichy on March 27, 2014, 0:16 GMT

    I admire the Strong will power of N.SRINI. Inspite of the odds he has the courage to stand up & seek other options that are available. Never say Die attitude has shown him as a "leader"

  • electric_loco_WAP4 on March 26, 2014, 23:50 GMT

    Horse is bolted for srinivasan. Theres no coming back. SC showing who got the real power

  • Adnan_MD on March 26, 2014, 20:28 GMT

    Every man has its day. Everyone has tasted the rise and fall. It's about time this man tastes his fall. Nevertheless, innocent until proven guilty. Allegations are still allegations at the end of the day. I was watching TV earlier, and this man will not be accepting the offer of removing himself, but rather will be looking for an alternative. He's not going down easy, nor will he. Only time will tell what will happen. He has to answer the court tomorrow, let's see what the justice department has planned for him

  • bhushanB on March 26, 2014, 19:29 GMT

    If not for the most unlikeliest coincidence.....

    that N. Srinivasan happens to own CSK, which employs IND Captain in three formats.....a team which also has players like

    Ashwin, Jadeja, Raina who have been retained year after year by the franchise.....at the same time these continue to njoy

    playing in the NATIONAL team's X1 inspite of their repeated poor performances in the highest form of crickets -

    TESTS.....and how Vijay (I did admire his fight against SA in the recent tests) and Mohit Sharma are always a step away

    from getting into the final X1... The kind of stubborn power that Dhoni (which even ganguly would despise) shows on the

    face of fans and selectors alike...when sidelining Pujara, Ojha, Mishra, Bhuvi, Rahane (for raina), Binny, Aaron, Umesh,

    Praveen kumar... and selecting his other TalenteD buddies like Rohit sharma and Ishant Sharma....

  • Alexk400 on March 26, 2014, 19:12 GMT

    I may not like N srinivasan support of DRS , Dhoni even owning CSK. But he gave stability. He is just had apple in his family. Its not his fault.

  • on March 26, 2014, 18:33 GMT

    First he should comply with the court orders, or else contempt of court will be the case. Then he can legally chalannge the Order issued by SC. Fair and decent chances have to be given. If his son in law did wrong, why should Srinivasan be blamed?

  • on March 26, 2014, 15:21 GMT

    @D-Ascendant on (March 26, 2014, 12:24 GMT):

    You missed out a major one: Chairman of the India Cements & associated companies in the group.

  • smudgeon on March 26, 2014, 13:11 GMT

    Here's a suggestion: do as the court says and stand down willingly while the investigation is conducted. It'll buy more goodwill with the courts than if you try to "brazen it out". Courts tend to like people who behave with dignity and humility, and respect the law and the courts' authority. Standing down when requested by the courts to do so isn't an admission of guilt, and if Srinivasan has done nothing wrong, then he has nothing to worry about, right? Right.

  • ramz30380 on March 26, 2014, 13:03 GMT

    @Dashgar, @febx10i, @whiteknight59 & @tanstell87 - I can understand why @ Sarathy PB made that comment...

    In this same forum there have been plenty of people opining to scrap the CSK team which as u guys pointed out has been the most successful in IPL cricket along with Mumbai Indians - which I def find very ridiculous because the fans of CSK deserve better than just scrapping.

    Regional politics is also an issue as we know tht not many from the South had had their say in Indian cricket admin for a long time... A combo of both is wht I think that as a fan, cricket follower is very disheartening and hence his voice for support...

    But @ Sarathy PB has to understand tht no-one is larger than the game - the men in blue sweat it out on the field and ppl sitting in AC rooms cannot take the credit for tht!

  • D-Ascendant on March 26, 2014, 12:24 GMT

    Srinivasan - BCCI President - TNCA President - Owner of CSK - Future ICC Chairman How many hours does he have in the day again?

  • whiteknight59 on March 26, 2014, 12:22 GMT

    @Sarathy PB, if you are trying to convince others that Srinivasan was responsible for India's successes on the field, it is a sad neglect of the contributions of the players and staff and paints a worrying picture that India owes its success off the field. Yes, he has brought in unprecedented revenues and made India a force to be reckoned with, but those are just couple of many metrics as an administrator. The crux of the matter lies in the conflict of interest (as Dashgar pointed out) as a BCCI executive AND owning an IPL team. That is unacceptable in any legal system of the world and so, he has been strongly advised to step down until the verdict is delivered. I don't agree that there is a witch-hunt agenda because the law is the same for everyone.

  • tanstell87 on March 26, 2014, 12:15 GMT

    @Sarathy PB - no one is jealous of CSK who have played 5 IPL finals & won only 2 & lost 3....

    Srinivasan has been great to Indian cricket not only since he became president but from before....his company was one of the sponsers of Indian team in the 80's....

  • febx10i on March 26, 2014, 12:14 GMT

    @Sarathy: I strongly believe that the Indian cricket team emerged as a power not because of it's rotten political games, but with strong performances by a bunch of quality cricketers united under a strong leader and a coach. I don't know about the influence of BCCI government over the IPL and Political tug of war during ICC meetings and match scheduling. The 11 guys in the cricket field deserve some credit for their stand built in the last decade.

  • on March 26, 2014, 12:12 GMT

    Can't believe this man can potentially represent India as ICC President!

  • Dashgar on March 26, 2014, 11:47 GMT

    @Sarathy PB, read the article, there are two options he can take to appeal. Or he can step down and if he's not found guilty of wrong doing in the investigation can reapply for his job after the investigation is over. The fact is that he cannot be the head of the BCCI during a time that they are running an investigation where he or his family members could be guilty of wrong doing. It's called a conflict of interest. The courts understand this, it's got nothing to do with people's IPL loyalties of which a large percentage of cricinfo readers have none anyway.

  • on March 26, 2014, 11:46 GMT

    Game is bigger than individuals Srinivasan should go

  • on March 26, 2014, 11:12 GMT

    Even a Life punishment prisoner has the right to appeal and Srinivasan havent done anything that wrong. All people want him to go away due to jealousy against CSK. Under him we won the world cup, and everything. Under him India made the big power of World cricket...

  • hayagriva on March 26, 2014, 10:51 GMT

    Wow. Wow. Wow... This is amazing!!!! I can't believe that this is even possible!!!!

  • Haleos on March 26, 2014, 10:39 GMT

    Srini and team should leave. Cricket in general would be better off.

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  • Haleos on March 26, 2014, 10:39 GMT

    Srini and team should leave. Cricket in general would be better off.

  • hayagriva on March 26, 2014, 10:51 GMT

    Wow. Wow. Wow... This is amazing!!!! I can't believe that this is even possible!!!!

  • on March 26, 2014, 11:12 GMT

    Even a Life punishment prisoner has the right to appeal and Srinivasan havent done anything that wrong. All people want him to go away due to jealousy against CSK. Under him we won the world cup, and everything. Under him India made the big power of World cricket...

  • on March 26, 2014, 11:46 GMT

    Game is bigger than individuals Srinivasan should go

  • Dashgar on March 26, 2014, 11:47 GMT

    @Sarathy PB, read the article, there are two options he can take to appeal. Or he can step down and if he's not found guilty of wrong doing in the investigation can reapply for his job after the investigation is over. The fact is that he cannot be the head of the BCCI during a time that they are running an investigation where he or his family members could be guilty of wrong doing. It's called a conflict of interest. The courts understand this, it's got nothing to do with people's IPL loyalties of which a large percentage of cricinfo readers have none anyway.

  • on March 26, 2014, 12:12 GMT

    Can't believe this man can potentially represent India as ICC President!

  • febx10i on March 26, 2014, 12:14 GMT

    @Sarathy: I strongly believe that the Indian cricket team emerged as a power not because of it's rotten political games, but with strong performances by a bunch of quality cricketers united under a strong leader and a coach. I don't know about the influence of BCCI government over the IPL and Political tug of war during ICC meetings and match scheduling. The 11 guys in the cricket field deserve some credit for their stand built in the last decade.

  • tanstell87 on March 26, 2014, 12:15 GMT

    @Sarathy PB - no one is jealous of CSK who have played 5 IPL finals & won only 2 & lost 3....

    Srinivasan has been great to Indian cricket not only since he became president but from before....his company was one of the sponsers of Indian team in the 80's....

  • whiteknight59 on March 26, 2014, 12:22 GMT

    @Sarathy PB, if you are trying to convince others that Srinivasan was responsible for India's successes on the field, it is a sad neglect of the contributions of the players and staff and paints a worrying picture that India owes its success off the field. Yes, he has brought in unprecedented revenues and made India a force to be reckoned with, but those are just couple of many metrics as an administrator. The crux of the matter lies in the conflict of interest (as Dashgar pointed out) as a BCCI executive AND owning an IPL team. That is unacceptable in any legal system of the world and so, he has been strongly advised to step down until the verdict is delivered. I don't agree that there is a witch-hunt agenda because the law is the same for everyone.

  • D-Ascendant on March 26, 2014, 12:24 GMT

    Srinivasan - BCCI President - TNCA President - Owner of CSK - Future ICC Chairman How many hours does he have in the day again?