Action against BCCI will be based on report: Dhindsa

An Irish proverb says "A good denial, the best point in law." This is true with every person who has been interrogated by the Central Bureau of Investigation (CBI) in connection with the match-fixing scandal. Starting from former Indian coach Ajit Wadekar to the latest to join the bandwagon, former Indian physio Ali Irani, all the players and officials have denied before the probing agency any knowledge about the scandal.

CBI sources said Ali Irani, who was questioned a couple of days back, has denied his conversation with former Indian all rounder Manoj Prabhakar. The CBI summoned Irani on the basis of his conversation with Prabhakar in the clandestine tapes presented by the latter. The sources added however that they were satisfied with the doctor's response.

In their bid not to leave any stone unturned, the CBI has sought 'details' of the mobile calls made by a former Indian captain. According to the sleuths of the agency, the details would provide some assistance in the probe into the match-fixing controversy as the CBI already had identified phone numbers of certain ``well-to-do bookies'' operating in the country."

Indian Sports Minister SS Dhindsa, talking to reporters in Coimbatore on Monday, said Government would initiate action against the Board of Control for Cricket in India (BCCI) on alleged irregularities only after perusal of its report which is likely to be submitted by this month end (July 27). The minister reiterated the stand that the government would be lenient on those who come forward to confess on their 'dealings'. On certain statements made by the players that they were "clean", Dhindsa said "the matter is being investigated by the CBI.''

In a related development, the Income-tax department is looking into the returns filed by some of the leading players and officials whose names have cropped up during the course of the "Hansiegate' controversy. The sources said they were tipped off by the CBI on these issues. Income-tax sources said returns and records of three players hailing from the northern region, two from Mumbai, one from Hyderabad and a BCCI official from Calcutta were being scrutinised by the officials. They said the list of players and officials was prepared mostly on the basis of media reports containing allegations against them for either being involved in match-fixing or doing favours in the award of telecast rights.

Meanwhile, the alleged bookie named by Hansie Cronje, Mukesh Gupta is to be summoned by the Enforcement Directorate (ED) to record a statement in connection with alleged FERA violations. The move follows the submission of a report by a deputy director of ED saying Gupta's was a fit case for questioning.

On a separate front, legal experts are debating about the Preliminary Enquiry (PE) conducted by the CBI. Noted lawyers RK Anand, IU Khan and Ashok Arora, talking to a news agency in New Delhi said that "as per the law, police have to register the case first before launching the investigation and there is no provision for registration of "Preliminary Enquiry" by police in the Code of Criminal Procedure (CRPC)."

Legal experts have expressed the view by saying The CBI inquiry on the basis of the PE into the match-fixing scandal without registration of a regular case has no "legal sanctity" and is aimed only at ascertaining facts and telling government whether the case is worth pursuing.

According to a CBI prosecutor, "there is no provision in the CRPC for the registration of the PE case by police and thus it has no legal sanctity. It is an official arrangement to ascertain facts before registration of a case". He, however, made it clear that if a person is charged and accused, he need not be summoned again.

Since the registration of the PE case, the agency has so far summoned Ajit Wadekar, Manoj Prabhakar, Nayan Mongia, Mohd. Azharuddin, Ali Irani, Prashanth Vaidya, Nikhil Chopra and Mukesh Gupta.

Therefore, as things seem to progress, it seems to be just the beginning with a long way to go. For the CBI will ascertain, on the basis of the PE's, whether the case is fit enough to be pursued. It has been difficult for the CBI to get a single person to accept about his knowledge about match-fixing so far. Even before the case has started, proposals for amnesty and statements like 'forgive and forget' have been made. One only wonders whether the whole thing is really fit enough to be pursued for the match-fixing case resembles a whirlpool, pulling all those who are made to enter, deeper into it.