REPORT OF THE COMMISSIONER, BCCI

268. Following are the theories of punishment:-

Deterrent Theory

269. The earlier modes of punishment were by and large deterrent in nature. The deterrent punishment presupposes infliction of penalties upon offenders with a view to deter them and others from committing crime or misconduct. The rigour of penal discipline acts as sufficient warning to the offenders as also other persons.

Retributive Theory

270. This theory is based on retributive justice which is treated as an end in itself. In other words, evil should be returned for evil without any regard to the consequences. In retributive theory, punishment is an expression of society's disapprobation for offender's criminal act or misconduct.

Preventive Theory

271. In modern time, the emphasis has shifted from deterrence and retribution to the theory of prevention of crime and misconduct and reformation of the culprit. Preventive theory seeks to prevent the recurrence of crime or misconduct by incapacitating the offenders. The imprisonment of criminals and punishment of persons committing misconduct are considered to be the best mode of crime prevention. Thus, the preventive theory treats punishment as an effective measure of disabling offenders from repeating crime or misconduct.

Reformative Theory

272. As against the deterrent, retributive and preventive theory, reformative approach to punishment seeks to bring about a change in the attitude of the offender so as to rehabilitate him as a law abiding member of society. Thus, punishment is used as a measure to reclaim the offender. To cite an example already set by the BCCI, the ban imposed on Manoj Prabhakar and Nayan Mongia for two matches only after the Kanpur match were they scored slowly is a typical example of the reformative theory.

ADEQUACY OF PUNISHMENT

273. While deciding punishment, the Disciplinary Authority has also to ensure that adequate punishment is imposed on the persons who are found guilty, regard being had to be the gravity of misconduct, their age and their status.

274. I would suggest that the Disciplinary Committee of BCCI and BCCI itself may please bear these principles in mind while imposing punishments on the persons whom they find guilty.

FINAL RECOMMENDATION

275. In the report above, I have already recorded my final opinion in respect of each indicted person. For facility of reference and further action by the Disciplinary Committee as well as the BCCI, I am summarising below, my recommendation in respect of each person:-

AJAY SHARMA

(i) I agree with the CBI that there is no evidence of any role by him in fixing matches in which he had played.

(ii) I agree with the CBI that he had close contacts and nexus with bookies/punters M.K. Gupta and Ajay Gupta and his associates and acted as a conduit between players and the betting syndicates in fixing matches.

(iii) Irrespective of the allegations established as above, he is guilty also of unbecoming conduct amounting to misconduct as a national level player in as much as he maintained frequent and undesirable contacts with bookies/punters.

MANOJ PRABHAKAR

(i) There is no evidence of any role by him in match fixing

(ii) I agree with CBI that he had close contacts and nexus with various bookies/punters.

(iii) Irrespective of the allegations established as at (ii) above, he is guilty of unbecoming conduct as a national level player in as much as he maintained frequent contacts with bookies/punters.

MOHD. AZHARUDDIN

(i) He had close contacts and nexus with bookies/punters like M.K. Gupta, Ajay Gupta, Gyan Gupta and Ameesh Gupta etc. and was involved in match fixing.

(ii) He is guilty of unbecoming conduct and misconduct as a national level player in maintaining such frequent contacts with bookies/punters.

(iii) In his case, the misconduct is aggravated, as he was the Captain of the Indian team for long and let down the country and the cricket loving public in a despicable manner.

AJAY JADEJA

(i) He had very close undesirable contacts and objectionable nexus with various bookies/punters.

(ii) He is guilty of unbecoming conduct and misconduct as a national level player on account of his maintaining such frequent contacts as set out above with bookie/punters.

NAYAN MONGIA

The charge against him is not proved and he is exonerated.

Dr. ALI IRANI

(i) He acted as a conduit between Mohd. Azharuddin and the betting syndicate, including in accepting payments of large amounts of cash on behalf of Azharuddin.

(ii) He had close contacts with bookies/punters like M.K. Gupta and Anil Steel in this regard.

(iii) Irrespective of the allegations established as above, he is also guilty of unbecoming conduct as the physiotherapist of the Indian Team for maintaining frequent contacts with bookies/punters.

RAM ADHAR @ CHOUDHARY

The charge against him is not proved and he is exonerated.

ROLE OF BCCI

Regarding the role of BCCI supplementary report will be given after BCCI submits explanation/replies to the observations made by CBI in its report.

(K. MADHAVAN)

COMMISSIONER, BCCI

Assisted by

New Delhi

( P.K. SHARMA )

24th November, 2000

Advocate, New Delhi

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