The Hindu : Sport : ICC rejects Ganguly's appeal

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Tuesday, Apr 19, 2005

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ICC rejects Ganguly's appeal

Sanjay Rajan & Vijay Lokapally

Beloff did not accept the argument that heat was the reason for failing to achieve the over rates.

— Photo: S. Subramanium

NOTHING GOING RIGHT: There was more bad news for Sourav Ganguly, as the ICC rejected his appeal against the six-match ban.

NEW DELHI: ICC Appeals Commissioner, Michael Beloff, has rejected India captain Sourav Ganguly's appeal against his six-match One-Day International ban.

After considering comprehensive written submissions from Ganguly and the match officials, Beloff endorsed the decision of International Cricket Council Match Referee Chris Broad who found Ganguly guilty and imposed a six ODI match ban, a press release from the ICC said on Monday.

In a 23-page judgment provided to the Indian captain, Beloff found that the legal arguments put forward did not have sufficient merit to overturn the initial decision, the release stated.

"The Appellant was notified that India bowled with no energy and he was, as captain, clearly being held responsible for that underperformance, which itself was said to be the cause of the failure to achieve the minimum over rate," Beloff said in his judgement.

Beloff also did not accept the argument put forward that heat was the reason for the failure to achieve the over rates. He heard the appeal based on written submissions from the parties involved and emphasised that this was consistent with the principles of natural justice.

"While I acknowledge without reservation the need to observe the rules of natural justice, it must be recalled that natural justice does not automatically require an oral hearing. What is essential is (1) that the Appellant is made aware of the case against him and (2) that he had a fair opportunity to make his own case which, in all the circumstances, I consider that he had." he said.

Sentence has begun

After receiving the decision, the ICC Chief Executive Malcolm Speed confirmed that, for the purposes of calculating the matches to be missed under the ban, the last two matches of the India-Pakistan series would be considered as the first two games missed under this six-match suspension.

The ICC Code of Conduct states that the decision of the Appeals Commissioner shall be final and binding.

`Shattering for Sourav'

John Wright struggled for words when asked to react on the ICC decision.

"What can I say? It is now up to the BCCI to take up this issue. It is between the BCCI and the ICC, and we don't really come into the picture. But I know for sure it must be very shattering as far as Sourav is concerned," said the outgoing coach of the Indian team.

According to former India captain Bishan Singh Bedi, the punishment was "a bit too harsh. Why spare the bowlers? In my opinion, even the wicketkeeper plays an important role here. He is supposed to keep the fielders on their toes. Haven't you seen Adam Gilchrist sprinting and leading the changeovers?"

Bedi continued: "I am not the best judge on this subject but I am sure the ICC must have acted in all its wisdom by considering the situation. The Match Referee would not have acted in such a firm manner without having warned Ganguly adequately. When you have rules to enforce discipline and maintain the playing conditions, there are times when some unpleasant decisions have to be taken. I don't think anything in this issue is based on flimsy grounds. Ganguly may have been guilty in this case but I would give him credit for keeping the team together."

Accept it gracefully

Former Test great Mohinder Amarnath was very forthcoming when he said that the BCCI and Ganguly should accept the verdict gracefully. "There is no doubt that as captain Ganguly had to ensure that the over rate did not fall. He had escaped earlier and repeating the offence was not going to help him at all.

"I think in the given circumstances the ICC has acted firmly and completely in keeping with the laws. The ICC must have considered all the aspects before taking such a decision. In any case, it applies to all captains without exception."

Speaking to The Hindu from the United States, former India captain Kapil Dev said: "Why punish the captain alone? I think the team as a whole should be held responsible for slow over rate because it is a team game. The captain can push things to an extent but it is up to his colleagues to understand the urgency and get on with the job. I don't favour the captain alone getting the stick."

PTI adds from New Delhi:

The Indian Board expressed dismay over the ICC's decision to reject Ganguly's appeal, saying the game's governing body should have been a little more considerate.

``I would like to say that it (slow over rate) was not deliberate on his part. So I think it is a bit too much for him and the ICC should have been a little more considerate on the issue,'' BCCI Vice President Rajiv Shukla said.

Dalmiya's reaction

Meanwhile, Cricket Association of Bengal President Jagmohan Dalmiya indicated that Ganguly might go for another appeal.

``The match is not yet over,'' Dalmiya told reporters immediately after emerging out of a meeting with Ganguly and senior lawyer Siddhartha Shankar Ray. "We have to look at various options," Dalmiya said when asked whether Ganguly would go for an appeal.

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