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B'bay HC rejects PIL against BCCI VP
Friday, September 07, 2007 18:30 [IST]
PTI

Mumbai: The Bombay High Court today rejected a PIL challenging election of Lalitkumar Modi as Vice President of BCCI.

The PIL was filed by Chandrawardhan Parekh, a Mumbai-based cricket lover, taking exception to Modi's election on the grounds that he had been convicted by a US court in 1985 for possession of cocaine and for a second-degree kidnapping.

Parekh's contention was that BCCI rules say that any administrator found guilty of possessing or distributing drugs would be disqualified. However, the division bench of Chief Justice Swatanter Kumar and Justice S C Dharmadhikari held that the case against Modi was "old and stale", and "at this late stage", nearly two decades later, the regulation should not be applied.

Court also observed that after the 1985 case, Modi has not been found committing similar offence ever again, and he has completed substantial part of his term as Vice President. Modi came to be prosecuted on the count of conspiracy to distribute cocaine and a illegal confinement in 1985 when he was a student in North Carolina, United States.

Modi's defence was that no conviction judgement had been passed against him as he had been released on probation.

He also contended that the petition was at the behest of Kishor Rungta, Kamla Morarka, and Jagmohan Dalmiya, the group that held sway in BCCI earlier, and it could not be treated as PIL as no public interest was involved in the case.

The court, though dismissing the petition, negated this arguement, saying that considering the status of BCCI and nature of public interest in the sport of cricket, it could be treated as PIL. 


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