NEW DELHI: It’s not entirely surprising that the court has let the three cricketers — S Sreesanth, Ajit Chandila and Ankeet Chavan — go scot-free in the IPL spot-fixing and betting scandal.
There are too many loopholes a good lawyer could exploit in the legal system. Or in other terms, there is no specific law to deal with fraud in sports.
These cricketers and several others were charge-sheeted under provisions of the Maharashtra Control of Organised Crime Act (MCOCA), which was basically formulated to clamp down on organised crimes and terrorism in Maharashtra. The criminal justice system in India requires credible and reliable evidence against the accused to prove his guilt beyond reasonable doubt, absence of which results in benefit to the accused and his subsequent discharge or acquittal. In the absence of such a special law in India, investigating agencies find it extremely difficult to collect and produce incriminating evidence against those involved in spot/match-fixing.
The CBI in its detailed report on match-fixing in the year 2000, under the chapter ‘Functioning of BCCI’ had then suggested that there is an urgent need to bring in special sports fraud related laws to effectively deal with the ever growing menace of match-fixing. Our Prime Minister and Finance Minister, along with many top politicians cutting across party lines, have been an integral part of the governance structure of BCCI.
So they would do well to use their political power to bring a pro-sports citizen law to prevent fraud in sports.
It’s baffling to see that even after 15 years, our political class hasn’t mustered the will to legislate on sport frauds for reasons best known to them.
From Mohammad Azharuddin in 2000 to Sreesanth now, there seems to have been no learning for BCCI, it’s administrators or the political leaders doubling up as sports administrators. Meanwhile, former Delhi Police Commissioner Neeraj Kumar, during whose tenure investigations were conducted in this case, is currently the Chief Advisor of BCCI’s Anti-Corruption and Security Unit. He is undoubtedly a top cop with an impeccable track record but he too couldn’t resist the lucrative offer made by BCCI post his retirement.
There is an urgent need to frame a sports law or at least an anti-fraud bill so that there is no ambiguity in dealing with such heinous crimes in the future.
If those accused of such crimes escape the clutches of law, match-fixing will continue to spread its wings and recur. England has recently introduced an effective law and hence they knew how to deal with players involved in the spot-fixing scandal that broke in 2011.
Charges were leveled and framed against the three involved — Mohammad Asif, Salman Butt and Mohammad Amir. All of them stood convicted and served different terms in prison, besides the ICC bans. It took just a little more than six months for the court to arrive at the verdict, whereas the IPL spot-fixing scandal has been running for more than two years.
The law needs to be so strong, swift and stringent so that it creates a deterrent amongst players who are tempted to commit such-like frauds in future. I sincerely believe there is no better time than now to pass such a law. Needless to say that this will go a long way in helping the key stakeholders, ordinary citizens of India, to regain the lost faith in once a gentleman’s game.
(Rahul Mehra is an eminent lawyer and sports activist)