Kerala High Court restores life ban on Sreesanth
02:47PM Tue 17 Oct, 2017
The Kerala High Court on October 17 restored life ban imposed on cricketer S. Sreesanth by Board of Control for Cricket in India.
The order came on an appeal filed by the Board of Control for Cricket in India CEO against a single judge verdict revoking the life ban imposed on the cricketer in the wake of IPL spot-fixing scandal. The appeal was filed by BCCI CEO Rahul Johri.
The division bench of Chief Justice Navniti Prasad Singh ruled that the court cannot conduct a judicial review on the life ban imposed by the BCCI and hence upheld the appeal. The court heard the appeal petition for the past two days and delivered its verdict, which has now for the time being ended his hopes of not just playing for Kerala Ranji side in its upcoming matches but also to take part in practise sessions at any place that comes under the BCCI or any State cricket association.
A single judge bench of the High Court on August 7 quashed the BCCI decision to impose life ban on the cricketer in the wake of the 2013 IPL spot-fixing scandal.
The BCCI pointed out in its appeal that single judge had erred in quashing the decision of the disciplinary committee after complete “reappraisal of evidence” and holding that Mr. Sreesanth was not guilty of match-fixing. This was contrary to the settled position of law that a High Court while exercising its jurisdiction under Article 226 could not “reappraise the evidence” collected during the inquiry or substitute its own finding with the disciplinary authority’s findings. The High Court could only determine whether the inquiry was held by a competent authority in accordance with the procedure prescribed or whether the principles of natural justice were adhered to.
Speaking to the media, Kerala Cricket Association secretary Jayesh George said the association was supporting Mr. Sreesanth ever since the ban was lifted. “We had made arrangements for him to undergo a full fitness test so as to make him match fit. Now with this verdict, we will now have to respect it,” said Mr. George.
Now the only option before Mr. Sreesanth is to approach the apex court and, according to sources close to the bowler, he is likely to go in appeal against this verdict.
In 2015, the now 34-year-old pacer along with two other players got exonerated by a Delhi court in the case registered by Delhi Police which invoked the Maharashtra Control of Organised Crime Act (MCOCA), but the BCCI Disciplinary Committee headed by the present Union Finance Minister Arun Jaitley slapped a life ban on Mr. Sreesanth.
source: The hindu