Tuesday, April 27, 2010

BCCI to file criminal complaints

Published>Wed, Apr 28 10 02:18 AM

More trouble awaits suspended IPL commissioner Lalit Modi, with the Board of Control for Cricket in India (BCCI) set to lodge criminal complaints with the police and relevant investigating agencies regarding several important missing contract papers pertaining to the business of Indian Premier League (IPL).

According to a senior BCCI executive, the board is likely to lodge criminal complaints citing, among others, Sections 378 and 405 of the Indian Penal Code.

These sections pertain to theft and criminal breach of trust and attract up to three years of imprisonment along with provisions for levying a fine. The BCCI may also seek help from the Central Bureau of Investigation (CBI) through the government, sources said.

The WSG-MSM India broadcast rights deal was renegotiated in March 2009 at Rs 8,200 crore. Recent reports have said that MSM India paid a facilitation fee of $80 million to WSG for the new deal. Now, Tax authorities and the BCCI alike want to examine the original contract papers of WSG-MSM with IPL to see whether such a fees was indeed paid to Modi by WSG Mauritius, as reported.

The missing papers also include the bid papers of franchises?existing as well as those rejected?and contracts for Internet and digital rights of the billion-dollar IPL extravaganza.

According to IPL executives, the original contract papers are in the possession of Modi, while the photocopies are with the BCCI. When asked whether MSM India is in possession of the original telecast rights contract papers signed in March 2009 between IPL and MSM, a top executive of MSM India did not respond. A text message sent in this regard did not elicit any response. Other senior MSM India executives could not be reached.

According to legal experts, business contracts have generally multiple original contract copies, each with the respective parties involved and the legal agencies or representative assisting them.

On Monday, BCCI president Shashank Manohar admitted that the board could not furnish several important papers to the tax authorities as they were missing from its headquarters.

However, sources close to Modi said that the suspended IPL commissioner is likely to throw light on the missing contract papers in his response to the BCCI's showcause notice. BCCI has given Modi time till May 10 to respond to the notice as to why action should not be taken against him on a series of charges pertaining to the business aspects of IPL.


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