da realsbet： The Delhi High Court today asked the Board of Control for Cricket inIndia to file a reply on the merits of the case banning cricketer AjayJadeja for five years from playing on match fixing charges
18-Jul-2001The Delhi High Court today asked the Board of Control for Cricket inIndia to file a reply on the merits of the case banning cricketer AjayJadeja for five years from playing on match fixing charges.Directing the BCCI to file replies on the merits of the case within aweek, Justice Mukul Mudgal said “in the meantime, hearing of the casewill continue”.Appearing for Jadeja, senior advocate PP Malhotra alleged that thedecision to ban the former all rounder for five years was takenwithout following the principle of “natural justice” and “rule oflaw”.”The BCCI has not followed the principle of natural justice. Anyaction of the Board should be in confirmity with the rule of law,” hesaid adding that Jadeja’s claim for relief was maintainable underArticle 226 of the constitution.Earlier, during the course of the argument, BCCI counsel had saidJadeja’s petition challenging the Board’s decision to ban him fromplaying was not maintainable under Article 226 as it was notperforming any of the state’s functions.Stating that the scope of Article 226 is much wider, Malhotracontended that “technicalities should not come in way of guaranteeingnatural justice and maintaining rule of law when a body is involved inperforming public duty”.The arguments from both sides had been confined to the issue of themaintainability of the petition under Article 226 of the Constitution.Jadeja’s counsel had earlier contended that “the scope of Article 226,under which any citizen can move the High Court for seeking relief forviolation of his right, is very wide as such a right can be enforcedagainst a state, its authorities or a person.”The cricketer in his civil writ, had sought quashing of the ban aswell as Union Sports Ministry’s notice to him seeking explanation whythe Arjuna award conferred on him should not be taken back.The BCCI had imposed a life ban on former captain Azharuddin and AjaySharma, while Jadeja and Manoj Prabhakar were banned for five years.