Sreesanth escaped due to vacuum of law: Former Delhi CP Neeraj Kumar
New Delhi, Apr 7: Stakeholders have shown a distinct lack of seriousness in bringing a law against corruption in Indian sports, a reason why someone like tainted former pacer S Sreesanth got away despite strong evidence of spot-fixing against him in the 2013 IPL, former Delhi Police Commissioner Neeraj Kumar has said.
Kumar, a celebrated IPS officer who served for 37 years, was in charge of Delhi Police when its Special Cell under his guidance arrested Sreesanth and fellow Rajasthan Royals cricketers Ajit Chandila and Ankit Chavan on spot-fixing charges.
However, in 2019, the Supreme Court, despite ruling that there was evidence against the former India player, asked BCCI to reconsider the life ban on him. The punishment was eventually reduced to a seven-year suspension that ended in September, 2020.
"The case seemingly didn't go anywhere...unfortunately, there is no law (in India) to deal with corruption in cricket or corruption in sports in general," Kumar said during an exclusive interaction with PTI journalists at its headquarters here.
"Even a country like Zimbabwe has specific law. Australia, New Zealand have it...in Europe, there is a law because corruption is there not just in cricket but in football, tennis, golf," said the 70-year-old.
He was also associated with the Hansie Cronje match-fixing scandal in 2000 as part of CBI's investigating team. Kumar said the biggest roadblock in prosecuting corruption in sports is the absence of a law.
"So many things that we do, they do not stand test of judicial scrutiny, for instance. If we say, during match-fixing, people were cheated, now the court will ask, show me one person, who is cheated, produce that person in court," he rued.
"Who will come to the court and say I went to a cricket match expecting fair-play and for everybody to play to his or her potential? So, in the absence of a victim, it becomes very difficult to prove a case," Kumar explained the grey areas.
In India, a law to curb the malice has been in the works since 2013. The Prevention of Sporting Fraud Bill (2013), which was tabled in Lok Sabha in 2018, had a provision for five-year imprisonment and a fine of Rs 10 lakh for those found guilty of sporting fraud, including fixing.
The bill was drafted by Justice (retd) Mukul Mudgal and was seen as a game-changer to curb match-fixing.
It was to replace the 'Public Gambling Act of 1867', under which anyone indulging in betting could be fined only Rs 200 or handed three months in prison.
Sreesanth is back in the mainstream and even played Ranji Trophy for Kerala before retiring from first-class cricket. He is now seen in various Legends' Leagues and also gives expert opinion on various broadcast forums.
"...court has praised the work done by the Police. The judge said special cell has done excellent work...taken great pains to expose this racket, but in absence or vacuum of law, I am not in a position to hold anyone of them guilty and sentence them. These were his exact words."
Kumar, who wrote the book 'A Cop in Cricket' about his experiences handling corruption in the sport, is hopeful that the matter, which has been opened again in the Delhi High Court, will reach its logical conclusion.
"...we have challenged that order and it is now in Delhi HC but it has not proceeded much initially because of COVID but now few hearings have taken place and you shouldn't be surprised if the order is reversed, because we have so much other evidence.
"Sreesanth got reprieve from Kerala HC but it has not said he is innocent."
Kumar also feels that the case against former India skipper Mohammed Azharuddin, who was implicated in the 2000 scandal, "wasn't allowed to be completed".
"...if the Azharuddin case would had been allowed to reach its logical conclusion, some very big names would have been exposed but that was also not allowed.
"...somewhere there is lack of seriousness in dealing with corruption in sport, particularly cricket. Big names did come to light, they were put in a sealed envelope and it still remains sealed in the Supreme Court," Kumar referred to the names that Justice Mudgal's committee submitted to the apex court.
Anti-corruption law in sport needed
Kumar believes that the government can earn goodwill by passing the anti-corruption bill lying in Parliament.
"If we have that law, scenario will change completely, people will not go scot-free. It's a low hanging fruit...I don't know why they are not doing it," he said.
BCCI indifferent to corruption
Kumar also had an opportunity to work as the chief of BCCI's Anti Corruption Unit (ACU) for close to four years and he didn't find the world's richest Board sincere in dealing with corruption.
"...they were totally indifferent to the whole matter of corruption and they didn't give me the necessary resources," he said.
Satisfaction in curbing private leagues
The BCCI provided Kumar only two people for assistance and yet, he said, they managed to clamp down on private leagues which were hot-beds of corruption.
"We did successfully bust many cases...The phenomenon of private leagues, where some people get together and hold a league only to indulge in fixing. We had success in stopping some of them."
The experience left him "quite disillusioned" with cricket in general.
"I stopped watching IPL as I was hugely disappointed. Having worked in BCCI, I am not enamoured by the game as I was at one point in time."
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
SC stays CBI probe into West Bengal govt officials' role in teacher recruitment scam
New Delhi, Apr 29: The Supreme Court on Monday stayed a Calcutta High Court order directing the CBI to probe the role of West Bengal government officials in a teacher recruitment scam. It, however, refused to stay for now the cancellation of the appointment of over 25,000 teachers and non-teaching staff.
The top court was hearing a plea by the West Bengal government against a high court order invalidating the appointment of 25,753 teachers and non-teaching staff made by the School Service Commission (SSC) in state-run and state-aided schools.
A bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra, however, refused to stay the high court order cancelling the appointments and said it will hear the matter on May 6.
Observing that taking away the jobs of about 25,000 persons is a serious matter, the top court asked if it is possible to segregate the valid and invalid appointments on the basis of the material available and who the beneficiaries of the fraud are.
"We will stay the direction which says the CBI (Central Bureau of Investigation) will undertake further investigation against officials in the state government," the bench said.
Calcutta High Court had said the CBI would undertake further investigations with regard to the persons in the state government involved in approving the creation of supernumerary posts to accommodate illegal appointments.
If necessary, the CBI will undertake custodial interrogation of such persons involved, it had said.
Challenging the order, the state government, in its appeal filed before the top court, said the high court cancelled the appointments "arbitrarily".
"The high court failed to appreciate the ramification of cancelling the entire selection process, leading to straightaway termination of teaching and non-teaching staff from service with immediate effect, without giving sufficient time to the petitioner state to deal with such an exigency, rendering the education system at a standstill," the plea said.
Calcutta High Court last week declared the selection process as "null and void" and directed the CBI to probe the appointment process. It also asked the central agency to submit a report within three months.
"All appointments granted in the selection processes involved being violative of articles 14 and 16 of the Constitution of India, are declared null and void and cancelled," the high court said in its April 22 order.
The high court said those appointed outside the officially available 24,640 vacancies, appointed after the expiry of the official date of recruitment, and those who submitted blank Optical Mark Recognition (OMR) sheets but obtained appointment to return all remunerations and benefits received by them with 12 per cent interest per annum within four weeks.
Observing that it had given "anxious consideration to the passionate plea" that persons who obtained the appointments legally would be prejudiced if the entire selection process was cancelled, the bench said it hardly had any choice left.
The high court held that all appointments involved were violative of articles 14 (equality before law) and 16 (prohibiting discrimination in employment in any government office) of the Constitution.
"It is shocking that, at the level of the cabinet of the state government, a decision is taken to protect employment obtained fraudulently in a selection process conducted by SSC for state-funded schools, knowing fully well that, such appointments were obtained beyond the panel and after expiry of the panel, at the bare minimum," the high court had said.
It said unless "there is a deep connection between the persons perpetuating the fraud and the beneficiaries" with persons involved in the decision-making process, such action to create supernumerary posts to protect illegal appointments is "inconceivable".
The division bench had also rejected a prayer by some appellants, including the SSC, for a stay on the order and asked the commission to initiate a fresh appointment process within a fortnight from the date of the results of the ongoing Lok Sabha elections.
The bench, constituted by the high court chief justice on a direction of the Supreme Court, had heard 350 petitions and appeals relating to the selection of candidates for appointment by the SSC in the categories of teachers of classes 9, 10, 11 and 12 and group-C and D staffers through the SLST-2016.
In its 282-page judgment, the high court had said retaining appointees selected through "such a dubious process" would be contrary to public interest.
