Suspended IPL Commissioner Lalit Modi's lawyer Mehmood Abdi today questioned the legality of BCCI's July 3 Special General Meeting, which will decide his client's fate, calling it a "khap panchayat".
Abdi accused the BCCI of sweeping the charges against Board secretary N Srinivasan made by Modi under the carpet.
"Now it is not a Lalit Modi and Srinivasan fight but evidence of the manner in which the country's premier sport body is being administered. Complaints making serious charges against the Secretary have been made yet these are being swept under the carpet."
"Whereas, President BCCI has reclused himself from the Secretary BCCI, despite being in an utterly questionable position, is calling the shots. Best of luck to the Khap Panchayat of BCCI,"Abdi said in a statement.
Abdi alleged that the SGM was just an illegal exercise by Srinivasan.
"Convening of Special General meeting of BCCI by its Hony. Secretary N Srinivasan for ratification of his decision of referring the charges against Mr Lalit Modi contained in the three show cause notices to the Disciplinary committee of BCCI for further proceedings is only a cover up for inherent illegality committed by Secretary BCCI," Abdi said.
Abdi contented that as per the Board's rules its secretary can issue show cause as well as take further action on the reply to the show cause only upon consultation with the President (Shashank Manohar).
"While, the President BCCI, being an eminent lawyer had the grace to recluse himself from the matter, how could the Secretary BCCI decide to refer the matter to the disciplinary committee on his own and seek post facto approval of his decision by way of ratification by the General Body. It is like putting the cart before the horse," Abdi said.
Modi has been slapped with three show cause notices by the Board with charges of committing various irregularities in conducting the IPL.
Abdi also termed Srinivasan?s contention that he was not satisfied with Modi?s replies to the notices as a violation of the principles of natural justice.
"The subjective dissatisfaction of Secretary BCCI with regard to the replies of Mr Modi to the three show cause notices surpasses every yardstick of fair play and blatantly violates the principles of natural justice.
Lalit Modi raised a serious issue and expressed pronounced apprehension about Secretary BCCI's fairness and bias against him. Therefore, Mr. Srinivasan, had no business to take a decision on whether sufficient cause existed to refer the matter to the Disciplinary Committee," Abdi contented.
"He has entered the fray and taken a conscious decision to refer the matter to the Disciplinary Committee. In doing so, Mr Srinivasan has exhibited extreme impropriety and violated natural justice. The decision of Mr Srinivasan to refer the matter to the Disciplinary Committee is therefore bad in law and amenable to judicial review," Abdi remarked.
Instead of asking the general body to ratify "an illegal decision", Abdi contended that the right way would have been to leave the decision whether to refer the matter to the Disciplinary Committee to the general body of BCCI.
"Taking an illegal decision and then convening a meeting of the General Body for ratifying it, is not only unfair, but it is also neither appropriate nor desirable. By his involvement, Mr Srinivasan has infected the decision making process," Abdi charged.