Bombay HC stays Modi disciplinary proceedings

The Bombay High Court has stayed until January 10, 2011 the proceedings of the BCCI's disciplinary committee that is investigating charges against former IPL chairman Lalit Modi. Modi had filed a case claiming that the committee was improperly appointed, and Justice S.J. Kathawala, the vacation judge, held that prima facie there was an argument for halting the hearings.

Modi's lawyers contended that according to the BCCI's constitution, the board is required to appoint three members to the disciplinary committee at its annual general meeting (AGM) every year. However, at the AGM held on September 29, 2010, the BCCI failed to appoint any members to the committee, thereby stripping it of its existence.

When the board realised its error, it held a special general meeting (SGM) on December 11 where it appointed the same three members - Arun Jaitley, Chirayu Amin and Jyotiraditya Scindia - to the committee. At the time, the BCCI secretary N Srinivasan told PTI that the reappointment of the committee was "a minor thing".

Modi's lawyers countered in Court that this too violates the BCCI's constitution and bye-laws, as the AGM is the only venue to appoint the committee. They argued that the board needs to first amend its constitution and bye-laws to allow for the appointment of a new committee at an SGM.

In light of the judge's ruling, the next set of disciplinary committee hearings scheduled for December 27 and 28 in New Delhi have been cancelled, according to a statement sent to ESPNcricinfo by Modi's attorney, Mehmood Abdi.

Modi has repeatedly challenged the composition of the committee, particularly objecting to the presence of current IPL chairman Chirayu Amin and BCCI vice-president Arun Jaitley on the grounds of bias against him. His case was rejected by the Bombay High Court but the Supreme Court told the board and Modi in October to come to a compromise on the issue. However, the two sides have failed to do so and the case is still pending.