IN THE HIGH COURT OF JUDICATURE AT MADRAS
SPECIAL ORIGINAL JURISDICTION
W.P. NO. 7776 OF 2018
G. SAMPATH KUMAR, IPS
Superintendent Of Police
B3/25 Adhitya Enclave
TNHB Eri Scheme
Mugappair
Chennai-600037 …. PETITIONER
Vs-
1. UNION OF INDIA
Ministry of Home Affairs
Represented by Home Secretary
North Block Central Secretariat
New Delhi
2. BOARD OF CONTROL FOR CRICKET IN INDIA
Represented by the Supreme Court-appointed Committee of Administrators
4th Floor, Cricket Centre
Wankhede Stadium
‘D’ Road, Churchgate
Mumbai- 400020
3. INDIAN PREMIER LEAGUE
BCCI-IPL
4th Floor, Cricket Centre
Wankhede Stadium
‘D’ Road, Churchgate
Mumbai- 400020
Represented by its Governing Council Chairman
4. CHENNAI SUPER KINGS
Owned and controlled by –
CHENNAI SUPER KINGS CRICKET LIMITED
Dhun Building, No: 827, 3rd Floor,
Mount Road,
Anna Salai, Chennai – 600 002.
Tamil Nadu
Represented by its Managing Director
5. DELHI DAREDEVILS
Owned and controlled by –
GMR GROUP
New Udaan Bhawan,
Opp. Terminal 3, IGI Airport,
New Delhi 110037, India
Represented by its Managing Director
6. KINGS XI PUNJAB
Owned and controlled by –
KPH DREAM CRICKET PRIVATE LIMITED
S15/S16, Centra Mall,
Industrial Area, Phase I
Chandigarh CH 160002
Represented by its Managing Director
7. KOLKATA KNIGHT RIDERS
Owned and controlled by –
i. RED CHILLIES ENTERTAINMENT PVT LTD
Backstage Plot No.612
Junction of Ramakrishna Mission Road & 15th Road
Santa Cruz (West)
Mumbai-400054
Represented by its Managing Director
ii. THE MEHTA GROUP
N K Mehta International House
178 Backbay Reclamation
Mumbai- 400020
Represented by its Managing Director
8. MUMBAI INDIANS
Owned and controlled by –
RELIANCE INDUSTRIES LIMITED
Maker Chambers-IV
Nariman Point
Mumbai-400021
Represented by its Managing Director
[Through] INDIAWIN SPORTS PRIVATE LIMITED
3rd Floor, Court House
Lokmaniya Tilak Marg
Dhobi Talao
Mumbai-400002
Represented by its Managing Director
9. RAJASTHAN ROYALS
Owned and controlled by –
ROYAL MULTISPORT PRIVATE LIMITED
(Formerly known as Jaipur IPL Cricket Private Limited)
906, Windfall, Sahar Plaza Complex
Mathurdas Vasanji Road
J B Nagar, Andheri (East)
Mumbai-400059
Represented by its Managing Director
10. ROYAL CHALLENGERS BANGALORE
Owned and controlled by –
UNITED SPIRITS LIMITED
UB Tower, No. 24,
Vittal Mallya Road,
Bangalore, – 560001
Karnataka
Represented by its Managing Director
11. SUNRISERS HYDERABAD
Owned and controlled by –
SUN TV NETWORK LIMITED
Murasoli Maran Towers
73, MRC Nagar Main Road, MRC Nagar
Chennai – 600 028
Tamil Nadu
Represented by its Managing Director
12. MINISTRY OF YOUTH AFFAIRS AND SPORTS
Room No. 3, C-Wing, Shastri Bhawan
New Delhi- 110001
Represented by its Secretary …. RESPONDENTS
COMMON AFFIDAVIT OF THE PETITIONER, G. SAMPATH KUMAR
I G. Sampath Kumar, IPS, son of K. Guruswamy, Hindu, Indian, aged about 55 years having address at B3/25 Adhitya Enclave, TNHB Eri Scheme, Mugappair, Chennai-600037 do hereby solemnly affirm and sincerely state as follows:
1. I am the Petitioner herein and am well acquainted with the facts of the matter. As an investigating Officer from Chennai who had exposed IPL betting and spot-fixing, I had deposed before Justice Mukul Mudgal Committee constituted by the Honble Supreme Court to probe allegations of betting and spot fixing in Indian Premier League (IPL) 2013; a copy of my affidavit submitted before the said Committee is filed herewith too in the present proceedings. I am no longer involved in the investigation process and am filing this Writ Petition as a citizen of this Country dedicated to preserving the sanctity of all that the Constitution holds for Indians. I am filing this Public Interest Litigation and undertake to pay the costs imposed by this Honble Court if it is found to be intended for personal gain or oblique motto. I have filed this Petition out of my own funds and to my knowledge, no similar public interest litigation has been filed before any Court in India.
2. I submit that, initially I was appointed as Deputy Superintendent of Police on 16.12.1991 through TNPSC Group-I Recruitment. Thereafter, by virtue of excellence in service, and the indelible mark left in the career as a Police Officer, I was given double promotion and appointed as Addl. Superintendent of Police and then as Superintendent of Police in the year 2004. Thereafter, I was conferred with IPS and became a member of All India Services as an Indian Police Service officer in Tamil Nadu cadre, by the President of India and the same was notified by the order of the Governor of Tamil Nadu in Government Order vide G.O.Ms. No. 381, Home (SC), 29.05.2012. I was appointed as an IPS Officer as against the Select List of the year 2009 and seniority fixed at 2004 in the IPS TN cadre.
3. I state that during my stint as the Superintendent of Police, Q Branch CID (Internal Security), while supervising the investigation of fake passport cases registered in Q Branch CID, on 01.05.2013, one accused by name Md Jaffar @Jaffarukllah was secured in connection with Chennai Q Branch CID Cr.No.01/2013 u/s 120(B), 468, 471 IPC and The Passports Act, 1967 and remanded. During his interrogation, he confessed involving in arranging fake passports and human trafficking on payment and having links in Delhi. I state that on an analysis of his calls, frequent calls to one Harish Bajaj surfaced and he was suspected to be helping Jaffar in arranging Visas on fake passports. I state that while being in pursuit of Harish Bajaj, on an introduction from the then Superintendent of Police – Thanjavur District Mr. Anbu IPS, an Advocate Mr. Mohanakrishnan came to my office and requested not to pursue Harish Bajaj as he was not into any fake passport or hawala transactions, but a ‘Bookie’.
4. I state that the said Harish Bajaj later on appeared before the Q Branch CID for interrogation on 06.05.2013 alongwith Advocate Mr. Mohanakrishnan and his colleague advocate and spoke about cricket betting. The information parted by Harish Bajaj was verified and the network of ‘bookies’ was mapped.
a. It was also found that a sum of Rs.30,000 was collected from the bookies every Week by one, Prashanth, as “protection money” and about 168 bookies were operating under his clout.
b. The bookies pay Rs.4,000 per match to ‘authorised commentators on specific phone lines’ for the latest bid on the rates for betting based on the website http://www.cricketlivebet.com which was hosted at England, suspected to have the involvement of Iqbal Mirchi@Iqbal Memon.
c. The authorized commentators were headed by Sanjeev Ahuja and he, reportedly was working for one, Ramesh Vyas of New Delhi.
d. Betting is over phone and transaction is by cash through couriers only.
e. The network of bookies had grades, for eg. Harish Bajaj could deal betting upto Rs.50 Lakhs, Gowtham upto Rs. One Crore, and if the betting was more than Rs. One Crore, then it was by Kitty@Utham Jain.
5. I state that in course of investigation, a network of cricket bookies was unearthed and based on the input, on instruction of DGP/Tamil Nadu on 17.05.2013, a case was registered in Crime Branch CID as Crime No.1/2013, pending on the file of XI Metropolitan Magistrate, Saidapet, Chennai-600015. I state that 12 teams of CB CID officials with the assistance of Q Branch CID were formed and raids were conducted, certain persons were arrested and materials as well as cash were seized. On 20.05.2013, the section of law was altered to Section 120(b), 420 IPC, Section 4 (d) TamilNadu Gaming Act, 1930 and Section 49-A(a-vi)(b) ( c) (d) of Chennai City Police Act, 1988. I state that though the case was initially supervised by CB CID, the Q Branch CID was probing at ‘Internal Security’ angle focusing on Sanjeev Ahuja and Ramesh Vyas link websites http://www.cricketlivebet.com and http://www.betfair.com.
6. I state that interrogation of Kitty@Utham Jain revealed Hotelier Vikram Agarwal, owner of Hotel Raddison Blu; who had an account with http://www.betfair.com, a UK based website (now reportedly shifted to Australia) in which betting is done in UK Pounds and transactions are online by having prior registration and a password. Kitty spoke of his knowledge about Vikram Agarwal and his wife Vandana Agarwal, Gurunath Meiyappan and his wife Rupa, M S Dhoni, Suresh Raina and few more others. Vikram or Gurunath Meiyappan would organise parties for the teams with select guests at Radison Blue, Egmore or at the Hotel Adyar Park where the players stayed. Kitty would accompany Vikram and learnt that match fixng was planned between Rajasthan Royals and Chennai Super Kings scheduled on 12.05.2013 and that M S Dhoni agreed to play as per plan, his team would score 140 runs; which was conveyed over phone to someone in Jaipur by Vikram Agrawal.
7. I state that Vikram Agarwal had cautioned Kitty from opening mouth for interrogation citing the incident of Delhi Police Inspector Badish Dutt and Geetha Sharma who were killed by Anees Ibrahim, brother of Dawood Ibrahim as the Delhi Inspector had found the link with cricket betting and Anees Ibrahim gang. Thereafter Kitty went absconding for sometime and applied for anticipatory bail; he however, surrendered before Q Branch CID through a financier by name Mahendra Singh Ranka who had approached me conveying apprehensions of Kitty surrendering to CB CID when I directed Ranka to surrender Kitty before CB CID as the case was under investigation by CB CID. Thereafter, I spoke to IGP Mr. Manjunath IPS, CB CID and after obtaining his approval instructions, I informed Ranka to produce Kitty at the Q Branch Office and after interrogation of Kitty by the Q Branch, he was handed over to CB CID Officials.
8. I state that investigation by CB CID in Cr.No.1/2013 was stalled after the arrest of Vikram Agarwal by CB CID on 10.06.2013 and later on let out on bail on 13.06.2013. Kitty was let out on conditional bail on 07.06.2013. I state that on an invite for a lunch by SP/CBCID Mr.Anbu IPS, Ranka came to the CBCID office to meet him. Later, on a complaint given by one of the accused in Cr.No. 01/2013 a case was registered against Mahendra Singh Ranka for cheating and extortion, projecting as though Ranka was collecting money using my name. Thereafter, not only was I shifted out of Q Branch CID but other Officers who knew about Kitty’s statements too were transferred. I state that the preceding paragraphs also form part of my deposition before the Justice Mudgal Probe Committee.
9. I state that charges were framed on 09.04.2014 and departmental disciplinary proceedings were initiated against me, inter alia, for conspiring with Mahendra Singh Ranka and extorting a bribe of Rs.60 lakhs from the accused in Cr.No. 01/2013; giving interview to News channels without previous sanction of the Government; for making public my deposition /affidavit submitted before Justice Mudgal Committee; for deposit and withdrawal of money without informing the Department about the transaction etc. I was suspended from service in February 2014 and even basic subsistence pay was withheld by the Department. I state that after thorough enquiry and examination of materials and witnesses, the Inquiring Authority/ Director General Of Police, Civil Supplies CID, Chennai, passed an Order on 24.03.2017 dismissing the charges of extortion and bribe against me as not proved. After four years of suspension from service and Departmental inquiry, I now stand vindicated and have been reinstated by the TamilNadu Home Department on 05.03.2018.
10. I state that CB CID is not trying to uncover the masterminds involved in match fixing as the investigation in Cr.No.01/2013 is stalled and is trivialized as an offense under Gaming Act overlooking Kitty’s depositions and larger conspiracy. I state that a recent Order of the Learned XI Metropolitan Magistrate, Saidapet, dated 07.04.2017 in Cr. No.01/2013 is of utmost relevance in this regard where the Learned Judge points out the serious lapses in investigation by the CB CID including the non-inclusion of Section 120(B) & Section 410 IPC in the Final Report filed by CB CID and directs further investigation under Section 156(3) Cr.P.C.
11. I state that the game of cricket is an integral part of every Indian. From the launch of IPL, cricket has become a fancy game and entertainment rather than a sport and is the second most trending search on the internet (17th Dec 2017, The Times of India) with a huge fan following. I state that the last few seasons of IPL till 2017 have been surrounded with heavy controversies of cricket betting, bookies and match fixing; thus, questioning the credibility of the game. The media coverage on the topic is when its hot and slowly fades down without the fans/public ever knowing about the actions taken against the spoil sports, betting and match fixers. The Honble Apex Court observed that people are passionate about the game and the BCCI, 2nd Respondent herein, is killing it.
12. I state that the 2nd Respondent, Board of Cricket Control in India (BCCI), is a society registered under the Tamil Nadu Societies Registration Act and is the national governing body for cricket in India. Amongst the various domestic cricket competitions organised by the 2nd Respondent, Indian Premier League, the 3rd Respondent, is one among them. The 3rd Respondent is a professional Twenty-20 cricket league in India, founded by the 2nd Respondent on a franchise based model, contested during April and May every year by the teams owned by its respective franchisees. The IPL is now in its 11th season and matches are scheduled commencing April 7, 2018 and ending with the final match on May 27, 2018. I state that Respondent No. 4-11 are the current year teams of the 3rd Respondent who would be competing with each other in this IPL season. I state that there is no mechanism set by the 2nd Respondent which could prevent betting and match fixing.
13. I state that contrary to the Lodha Committee Report, vested interests continue to be protected in Indian Premier League and question of conflict of interest remains unaddressed by the 2nd & 3rd Respondent. The resignation letter of Mr. Ramachandra Guha from the “Supreme Court Appointed Committee of Administrators in the Board of Control for Cricket in India (BCCI)” is of relevance in this regard. Further, as an example, I state that investigations reveal that the Captain of Chennai Super Kings holds stakes in a Sports marketing Firm – Rhiti Sports Management, which manages his business interests as well as that of other current cricketers like Suresh Raina, Ravindra Jadeja, Praygyan Ojha and R P Singh. I state that this puts M S Dhoni in a conflicting position where he has a share of the profits earned by Rhiti Sports from managing these four players, even as he opines or votes on them in team selection meetings as the Indian captain. Also, that M S Dhoni is the Vice President of India Cements Limited, the parent body that then owned the 4th Respondent franchise. I also state that shares were undervalued with the intention of paying less to the 2nd Respondent when its Managing Director had to comply transferring his shares held in the 4th Respondent so as to retain his post/position with the 2nd Respondent.
14. I state that because of such close affinity with sponsors, M S Dhoni deposed before the Probing Committee appointed by the Supreme Court that Meiyappan had nothing to do with the cricketing affairs of 4th Respondent and was a mere cricket enthusiast supporting the 4th Respondent. It would be equally relevant to note that M S Dhoni also played for the India Cements squad in corporate tournaments organized by the 2nd Respondent.
15. In context, I state that ex-Delhi Commissioner of Police, Neeraj Kumar’s appointment as IPL’s anti-corruption and Security Chief Advisor is also seen as in conflict of interest; his daughter Ankita is a Director in 3 companies owned by IPL chairman Rajiv Shukla’s wife, Anuradha Prasad, per company’s record in 2013 and 2014. It would be pertinent to state that in May 2013, reports carried that the Office of the Honble Prime Minister had written letter to Director of Intelligence Bureau Syed Asif Ibrahim for report on relations between the Commissioner of Police-Neeraj Kumar and IPL Chief- Rajiv Shukla involving Sreesanth’s spot-fixing case. Cricketers were arrested when he was working as the Commissioner of Police. Now years later the said ex-Commissioner of Police is made to head IPL anti-corruption wing, which casts doubts on unbiased, fair, truthful and impartial functioning.
16. I state that regarding match fixing, the Honble Apex Court appointed Probe Committee headed by Justice Mudgal submitted its report finding Gurunath Meiyapan of Chennai Super Kings and Raj Kundra of Rajasthan Royals guilty of betting in IPL matches for their gains. As regarding quantum of punishment, the Apex Court appointed Justice Lodha committee to determine the same, which gave a lifetime ban on the two persons and Two years suspension from playing IPL to the teams Chennai Super Kings and Rajasthan Royals. I state that no action was taken against the other players who too were involved in betting, match fixing, had conflict of interest and acted contrary to the governing rules of BCCI and IPL. I state that while the member players of the two teams continued to play different matches without any sufferance even during the two years of ban, the names of the respective teams were tarnished by the ban. I state that names of the teams represent geographical region within the Country, a pride for the region. I state that ban of the team from playing IPL for Two years while leaving the players/members who actually were involved in the offense or violation of fair play rules to remain free. Even as on date, no punishment or reprieve has been given by the 2nd Respondent against the erring players/ members and rather, it continues to promote and patronize them; thus displaying disregard to the true spirit of the game.
17. I further state that recording my deposition, the Probing Committee headed by Justice Mudgal noted that no investigation on match fixing was ever carried out by the Chennai Police and the Officers who were privy to the contents of Kitty’s statement under Section 161 CrPC were immediately transferred out from their respective positions. Further, it states that curiously the interrogation report of Kitty by the CB CID Branch of Chennai Police do not reveal anything about the deal on 27.04.2013. The Committee called for a further probe into the matter citing it to be of a grave importance. The entire process has been kept in suspended animation and it appears that what had prevailed has reached its acme. The incompleteness of the entire process thumped up with media hype has come to a halt leaving citizens with a feeling of want which the 2nd Respondent has failed to address. On the contrary, the very essence of the respective Reports have been discarded and the last page closed in the chapter, leaving a gaping question on as to what was done to prevent any further occurrence that tarnishes not only the game but the pride of the Nation and the well-wishers of the sport.
18. I state that as rightly observed by the Probing Committee headed by Justice Mudgal, the Anti-corruption unit of 2nd Respondent or the ICC Anti-corruption and Security Unit are technically not qualified to make investigations in depth and both the Units had expressed their helplessness/limitation before the said Committee in the absence of any legal mandate. I state that because of these inherent limitations, none of the cases presently being criminally prosecuted were detected by the BCCI Anti Corruption Unit or the ICC Anti-corruption and Security Unit and all the aberrations came to light only due to information received from the concerned Police Authorities by accident in course of surveillance of telephonic conversations in entirely different circumstances. Apparently, the Respondents are oblivious about the link with underworld criminals that can potentially cause a threat to our Nation in unfathomable means and also pave way for money laundering and illegal funding.
19. I state that the Respondents do not have any system of accountability in performance of its Anti-corruption Officers as well. The Respondents do not have a database of earnings of its players and their accounting of the same nor about bookies, fixers, kingpins of illegal betting and match fixers. I also state that such information is also not available to stakeholders and the fans of the sport.
20. I state that the Respondents do not have a preventive action or measure against a person committing the offence of sporting fraud in relation to a sporting event like IPL, where he directly or indirectly, manipulates sports result or deliberately misapplies the rules of the sport or willfully fails to perform to his true potential for economic or any other advantage for himself or for any other person.
21. I state that unless either the players disclose or own up the wrong or get caught unawares through cameras like in the recent incident of Australian Cricketer/Skipper Steve Smith, there is no system for addressing improper actions. The credibility of a gentleman’s game suffers at the hands of players on whom the Nation has placed total trust to represent them globally and at home. The recent incident of Steve Smith and Bancroft confirms that there is no system in place to check irregularities like tampering, betting, match fixing and thus, making Orders of the Honble Apex Court ineffective while the IPL season continues unscathed by any code of true sportsmanship conduct year after year cheating, misrepresenting, playing fraud on the viewers, fans, patrons and killing the very game itself in the process.
22. I state that the present Petition is not an endeavor seeking ban of the IPL game or cricket sport in any manner but seeks credible system to be foremost submitted by the Respondents, prior to the commencement of the present IPL Season-11, before this Honble Court about the effective preventive measures taken against corruption and disclose the progress in actions initiated against the erring players and teams in courts/criminal courts so that the sport/game is protected and strict message is sent across to all the players and stake holders against corruption, betting and match fixing. I state that failing such stringent measures in place would send the matches reeling into a gambling foray with consortiums sprouting internationally governing local bookies etc., thereby inflicting a marked blow on our internal security.
23. I state that there is no personal gain for me in any manner by the present proceedings. I state that there is no other efficacious remedy available except invoking the jurisdiction of the Honble Court under Article 226 of the Constitution of India.
Grounds:
i. That the 2nd Respondent has failed to put in place the Rules and measures to prevent the offence of sporting fraud, betting and/or gambling including incidental events in respect of the IPL despite observations whether obiter or otherwise by the Honble Apex Court.
ii. That the investigations and prosecution have been abandoned despite the recommendations of the Honble Justice Mudgal Committee and the Honble Justice Lodha Committee Report.
iii. That the 2nd Respondent and the 12th Respondent have failed to ensure a fool-proof system to prevent the citizens from being hoodwinked and thus tarnishing the name of the game that is loved by the citizens.
iv. That the lapse in the counter-negative measures will give room and a wide leeway to the players and the teams like Respondents 3 to 11 to purchase their way to victory which actually commercializes the game.
v. That the 2nd Respondent and the 12th Respondent have failed to make public the measures taken to counter the offense of match fixing or player tampering by even any mode of public address or affording views from the erudite citizens in the field to lend their knowledge to rout and stem the growing menace of betting/match fixing and player tampering that may also potentially be a conduit for money laundering and other illegal and unlawful activities.
vi. That no conservative action has been taken to send a message that all such acts would be met with serious and very detrimental results, therefore discouraging any form or attempt at such heist.
vii. That the children and future citizens would be brainwashed into understanding that the best way to victory is to fix a match and to what end they would stoop would be unfathomable and thus cremate the very spirit of sportsmanship, especially the in the game of cricket.
24. It is therefore prayed that this Honble Court may be pleased to pass an Order of interim injunction against the 2nd Respondent from conducting the IPL Season-11 in April 2018 until such precautionary measures are detailed to the satisfaction of the Hon’ble Court pending disposal of the main Writ Petition and thus render Justice.
25. It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ, order or Direction and more specifically a Writ of Mandamus restraining the Respondent Nos. 1, 2, 3 & 12, their agents, men, representatives, franchisees and assigns from in any manner conducting the Indian Premier League cricket matches in the absence of precautionary, preventive and reformatory rules and infrastructure to prevent and ensure that sport fraud/ illegal betting/spot fixing/match fixing/gambling/ tampering and/or other forms of competitive financial exercise is carried to the Public/Players so as to degrade sports/cricket and as to tarnish the image of the Chennai Super Kings and/or such other teams and thus render Justice.
Solemnly affirmed at Chennai on ]
This the 28th day of March 2018 ]
And signed his name in my presence ] BEFORE ME
IN THE HIGH COURT OF
JUDICATURE AT MADRAS
SPECIAL ORIGINAL JURISDICTION
W.P. NO. 7776 OF 2018
G. SAMPATH KUMAR, IPS
…. PETITIONER
Vs-
UNION OF INDIA & 11 OTHERS
…. RESPONDENTS
COMMON AFFIDAVIT
OF THE PETITIONER,
G. SAMPATH KUMAR
PERUMBULAVIL RADHAKRISHNAN [MS 302/1981]
S P VIJAYARAGAVAN [MS 320/1999]
G THANIGAIVEL [MS 535/2002]
M DHARANIDHARAN [MS 892/2014]
COUNSEL FOR THE PETITIONER
#36 Law Chambers, High Court Buildings,
High Court, Chennai, 600104
Ph: 9840052711 eMail:crystallaw11@yahoo.com
sekarreporter.com 9445430817 