BCCI questions Jadeja's claim against violation of rights

The Board of Control for Cricket in India on Thursday told the Delhi High Court that cricketer Ajay Jadeja, banned for five years on matchfixing charges, cannot claim any relief for violation of fundamental rights as the Board has power to take action against a player for "misconduct" even on suspicion.

"If the BCCI finds that the condcut of a player is not good, then he cannot be considered for selection in the team though he might be an icon. The Board can suspend a player if there is suspicion of misconduct against him even if there is no hard evidence," BCCI counsel Kapil Sibal told Justice Mukul Mudgal, while hearing Jadeja's petition, challenging the ban.

Asserting that the Board was not performing any of the functions of the state, Sibal said the team selected by BCCI to play matches with foreign teams, "does not represent India as a state but is a BCCI team representing India."

Since the Board was not performing any of the state's functions, Jadeja could not claim any relief under Article 226 of the Constitution, Sibal said, adding his petition was liable to be dismissed. "He cannot even claim any damage through civil suit as the BCCI has no contract with him at present," he said.

The contract with a player is always signed by the Board after he is selected in a team for a particular season either to play Test matches or one-dayers in the country or abroad, Sibal said adding that the BCCI rules were clear on this.

However, Jadeja's counsel PP Malhotra said the BCCI could not shirk the responsibility of performing the duty of a state so far as the managment of the game of cricket was concerned. "The team bears the Indian flag and players' badges also suffice that they represent India," he said.