CAB's letter to ICC

CRICKET ASSOCIATION OF BIHAR (Registered Under Societies Reg. Act 21, 1860, No. 1389/07)

Office Add. B/607, Lotus Appt. New P.P. Colony, Patna-13.

Telefax: 06122271998, E-mail: [email protected]

Patrons Working President Treasurer Secretary

Dr. Lakhan Sinha Prem Ranjan Patel Prof. Daisy Narayan Aditya Verma

Dr. Ashok Pathak (M.L.A.) 9431821884 (Ex-Cricketer)

R.K. Sharma 9470834885

S.P. Sinha Email ID : [email protected]

Dear Mr Higgins

Head of Legal

International Cricket Council.

Notification of violation of Code of Ethics by ICC director Mr N

Srinivasan Pursuant to the Code of Ethics for the ICC (the “Code”), it is a mandatory

requirement that any Director (as defined at Clause 1.1 of the Code) shall:

“[..] act in an honest and ethical manner. In order to facilitate the transparent

operation of the ICC, conduct that gives the appearance of impropriety will

also be unacceptable. Directors shall not engage in any conduct that in any

way denigrates the ICC or harms its public image. No funds or assets of the

ICC may be used for any unlawful purpose, and no Director may engage in

unlawful conduct.” (Clause 2.1.)

and

“[…] at all times serve the interests of the ICC and the sport of cricket as a

whole.” (Clause 3.2).

Mr Srinivasan, being a Director of the ICC under the Code, was bound by the

terms of the Code .

We believe that Mr Srinivasan has violated Clause 2.1 of the Code on a number

of occasions, having acted in a manner which denigrates the ICC and harms its

public image. Furthermore, his continued embroilment in the matter referred to

below does not serve the interests of the ICC and the sport of cricket as a

whole.

This letter is not intended to serve as an exhaustive description of the full

extent of Mr Srinivasan’s violations. It is formal notification of just some of his

violations which should be reported to the ICC Ethics Officer for further

investigation.

Violations of Clause 2.1 of the Code

In 2013, an investigation into match-fixing by the Mumbai and Delhi Police

(CR.No. 61/2013 and FIR No. 21/2013 respectively) found that certain

individuals had been engaged in passing insider information to bookmakers.







R.K. Sharma 9470834885


One of these individuals was Mr Meiyappan, the son-in-law of Mr Srinivasan,

and the suspected principal of the Chennai Super Kings IPL franchise.

In response to the findings made by the Mumbai and Delhi Police, the BCCI

convened an internal probe panel on 28 May 2013. The panel was tasked by the

BCCI with reviewing evidence in respect of Jaipur (IPL) Cricket Pvt. Ltd, Mr

Raj Kundra (the majority owner of the Rajasthan Royals IPL team), Mr

Meiyappan and India Cements Ltd (of which Mr Srinivasan is the Managing

Director). The panel sat for one day and cleared all of the parties of any

wrongdoing, without seeking any input from either police force.

The basis upon which the BCCI nominated the 2 members of the panel was not

disclosed, and was eventually subject to a formal complaint to the Mumbai

High Court (No.55/2013). After hearing this complaint, the Mumbai High

Court, in its order of 8 October 2013, held that the constitution of the panel had

been ultra vires of the BCCI Regulations and Operational Rules. The Supreme

Court of India subsequently appointed an independent committee headed by

Mr Justice Mudgal to investigate the matter fully and match-fixing in the IPL

more widely.

An initial report by Justice Mudgal made a number of findings in relation to Mr

Meiyappan and Mr Srinivasan. These findings include the following:

1. “The role of Mr Meiyappan in Chennai Super Kings stands proved, as does his role in passing on insider information. His wider role in match-fixing is still under investigation”. [p.68-73 of Vol. 1 of the Mudgal Report]. He was in fact the team owner of Chennai Super Kings. Mr Srinivasan’s press statement on 27 May 2013 that “he [Gurunath] did not have any role. He never visited the CSK office, but he would go [to the matches], he is very enthusiastic [..]” cannot, therefore, be accurate.

2. “The franchise owner (India Cements Ltd.), of which Mr Srinivasan is the Managing Director, is responsible for failing to ensure that Mr Meiyappan (a Team Official) had complied with the BCCI Anti-Corruption Code, IPL Operational Handbook, and the IPL Regulations, in particular Section 4.4.1 of the IPL Operational Rules and Clause 11.3 of the Franchise’s Agreement”. [p.68-73 of Vol.1 of the Mudgal Report].

3. Certain witnesses who provided evidence to the panel, which may have included Mr Srinivasan on behalf of India Cements Ltd, tried to “erase







R.K. Sharma 9470834885


proof of Mr Meiyappan’s link with Chennai Super Kings” [p.13 of Vol. 1 of the Mudgal Report].

4. There was a clear conflict of interest in Mr Srinivasan holding the position of President of the BCCI at the same time as being the Managing Director of India Cements Limited, the owner of the Chennai Super Kings franchise (Clause 6.2.4 of the BCCI Rules and Regulations). Mr Srinivasan subsequently amended the BCCI Rules and Regulations to enable him to hold both positions. The amendment, and the issue of conflict of interest, are now being examined separately. [p.77-78 of Vol. 1 of the Mudgal Report].

These findings were made as part of the first Mudgal Report. A further

investigation is now being conducted by the same panel into the match-fixing

in the IPL and is due to be submitted to the Supreme Court of India by the end

of August 2014.

Mr Srinivasan has drawn heavy criticism from the Supreme Court (the highest

court in India) and in the media around the world, for failing to abide by the

Court’s recommendation that he should step down as President of the BCCI

while Justice Mudgal conducts his investigation. His position ultimately

became untenable and the Supreme Court during the course of hearing

observed that Srinivasan has to step down for a fair investigation into the

allegation of betting. The Judges further observed that "It's nauseating that N.

Srinivasan continued as BCCI chief, he should go if cricket has to be cleaned”.

Mr Srinivasan’s initial resistance to the Court’s recommendation that he should

step down as President of the ICC whilst the investigation was underway is

unethical in its own right and a breach of Clause 2.1 of the Code.

Mr Srinivasan was, until 28 March 2014 the President of the BCCI. In that

capacity he is a senior member of the ICC’s Executive Board. As set out above,

in the past year alone he has acted in a manner that has undoubtedly denigrated

the ICC and harmed its public image. The links below set out just a small

sample of the media reporting on his behaviour.

[http://www.espncricinfo.com/india/content/story/730917.html

http://www.hindustantimes.com/india-news/bcci-chief-srinivasan-should-step-

down-sc/article1-1200102.aspx

http://www.espncricinfo.com/india/content/story/730917.html

http://www.hindustantimes.com/india-news/bcci-chief-srinivasan-should-step-down-sc/article1-1200102.aspx

http://www.hindustantimes.com/india-news/bcci-chief-srinivasan-should-step-down-sc/article1-1200102.aspx







R.K. Sharma 9470834885


https://cricket.yahoo.com/news/srinivasan-named-in-match-fixing-report--

supreme-court-073655323.html

http://www.deccanchronicle.com/140326/sports-cricket/article/ipl-match-

fixing-case-quit-or-face-sack-supreme-court-tells-bcci-chief

http://sports.ndtv.com/indian-premier-league-2014/news/223130-n-srinivasan-

named-in-ipl-spot-fixing-probe-report-says-supreme-court]

Moreover, regardless of whether or not Mr Srinivasan is found to be guilty of

corruption or complicit in its concealment, his conduct gives the “appearance

of impropriety” and, consequently, is a breach of Clause 1.2 of the Code.

Finally, on 28 March 2014 the Supreme Court of India passed the following

order, a copy of which is attached for ease of reference:

“We also direct that till we deliver the judgment, none of the employees of

India Cement Limited or its associate companies (except cricket players or

commentators) will perform any of the duties assigned to them by the BCCI.”

Mr Srinivasan is the Managing Director and employee of India Cement

Limited. However, Mr Srinivasan duly attended the ICC Executive and IDI

Board Meetings on 8 and 9 April 2014, in defiance of an order which has the

force of law. He has therefore engaged in “unlawful conduct” in terms of

Clause 2.1 of the Code. The order of the Supreme Court remains clear – no

employees of India Cement Limited may perform any duties assigned to them

by the BCCI.

Any Director of the ICC who assists Mr Srinivasan in such illegal conduct, or

is complicit in such conduct, is himself acting in breach of the Code.

Furthermore, according to the abovementioned order of 28 March 2014, on that

same date Mr Srinivasan had “made a written offer through his counsel that till

investigation into which the allegations against him is completed he will not

discharge any of the functions of the President of the BCCI.”

Obviously this undertaking was not made in good faith, since Mr Srinivasan

proceeded to attend the ICC Board meetings on 8 and 9 April 2014 as a

representative of the BCCI, discharging the functions of the President of the

https://cricket.yahoo.com/news/srinivasan-named-in-match-fixing-report--supreme-court-073655323.html

https://cricket.yahoo.com/news/srinivasan-named-in-match-fixing-report--supreme-court-073655323.html

http://www.deccanchronicle.com/140326/sports-cricket/article/ipl-match-fixing-case-quit-or-face-sack-supreme-court-tells-bcci-chief

http://www.deccanchronicle.com/140326/sports-cricket/article/ipl-match-fixing-case-quit-or-face-sack-supreme-court-tells-bcci-chief

http://sports.ndtv.com/indian-premier-league-2014/news/223130-n-srinivasan-named-in-ipl-spot-fixing-probe-report-says-supreme-court

http://sports.ndtv.com/indian-premier-league-2014/news/223130-n-srinivasan-named-in-ipl-spot-fixing-probe-report-says-supreme-court







R.K. Sharma 9470834885


BCCI (as he has done at several ICC Board meetings over the last two years)

and/or performing duties assigned to him by the BCCI.

The Supreme Court of India passed an order on 16 May 2014, a copy of which

is attached for ease of reference directing investigation against thirteen persons

including Mr. Srinivasan and has directed composition of an independent

investigation team comprising officers of CBI, Mumbai Police and Delhi

Police giving them wide powers to investigate, require attendance of witnesses,

the power to examine witnesses, the power to search and the power to seize and

all other powers necessary for investigation except the power to arrest .

Violation of Clause 3.2 of the Code

The media coverage around Mr Srinivasan’s alleged involvement in corrupt

activities that has ensued over the last few months has been intense, prolonged

and far-reaching, given the nature of the allegations.

The attendance by Mr Srinivasan at ICC Board meetings as a representative of

the BCCI whilst he remains embroiled in such controversial, significant and

highly publicised allegations was not, and cannot be, in the best interests of

ICC or the sport of cricket. As such, this is a breach of Clause 3.2 of the Code.

Furthermore, according to the ICC Mr Srinivasan is due to be elected as

Chairman of the ICC Board at its upcoming Board meetings and Annual

Conference to be held in Melbourne in approximately one month’s time (see

ICC official press release dated 8 February 2014 attached hereto for ease of

reference).

The election of Mr Srinivasan as Chairman of the ICC Board is, by extension,

certainly not in the best interests of ICC or the sport of cricket at this time,

particularly when the disclosure of further corrupt activities in Twenty20

cricket is absorbing the headlines around the world. Apart from being

irresponsible and a dereliction of their fiduciary duties as directors of the ICC,

proceeding with such an election would place the directors on the Board of the

ICC in breach of Clause 3.2 and Clause 8.1 of the Code.

Request for a formal review of violations of the Code

Pursuant to Clause 8.3 of the Code, having been made aware of multiple

violations of the Code by Mr Srinivasan, you are obliged to formally report this

matter to the Ethics Officer, Mr Sean Cleary, for further investigation. In terms







R.K. Sharma 9470834885


CAB's letter to ICC

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