The Hindu : Sport / Cricket : Dalmiya denies committing any contempt of court

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Tuesday, Mar 29, 2005

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Sport - Cricket

Dalmiya denies committing any contempt of court

By A. Subramani

CHENNAI, MARCH 28. The former President of the Board of Control for Cricket in India (BCCI), Jagmohan Dalmiya, facing contempt proceedings in a civil court here, today denied that he had committed any act of contempt and said the contempt petition was an "abuse of process of justice."

In his counter-affidavit filed in response to a contempt of court petition filed by the Chennai-based Sir Theyagaraya Recreation Club, Mr. Dalmiya said he had attended the International Cricket Council (ICC) meeting on March 17 and 18 in his capacity as "director of the executive board of the ICC and the ICC Development (International) Limited, representing the BCCI with due authorisation."

Pointing out that the January 25 order of the court restrained the Board from only taking up an agenda at the annual general body meeting, Mr. Dalmiya said the allegations of contempt was "wholly motivated and filed only to harass and defame the Board and its office-bearers, and cause uncalled for prejudice in public mind."

As for the locus standi of the Chennai club, he said it was not a member of the BCCI and hence had no locus standi to institute the civil suit and interfere with the internal affairs of the BCCI. "Upon the conclusion of the AGM, the relief in the suit itself became infructuous and consequently, the interim application too has become infructuous," he added.

In his counter, the honorary secretary of the Board, S.K. Nair too submitted, "in the facts and circumstances, attendance of Mr. Dalmiya in the meetings of the ICC were legal and bonafide." He also described the allegation of wilful contemptuous action on the part of the Board as "false, baseless and motivated."

When the matter came up for hearing before the VI Assistant City Civil Judge, M. Mohaideen Pitchai, this morning, senior counsel for the Club, Nalini Chidambaram, submitted that Mr. Dalmiya had claimed to represent the BCCI in the ICC Board without any valid proof.

However, since counsel for the respondents, including the ICC chief, Ihsan Mani, said they needed time to file their responses, the Judge adjourned the matter to April 12.

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