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Saturday, May 13, 2006

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National

Notice to Dalmiya on Maharashtra's appeal

Legal Correspondent

State, BCCI not to oppose anticipatory bail

NEW DELHI: The Maharashtra Government and the Board of Control for Cricket in India on Friday informed the Supreme Court that they were not opposing the anticipatory bail granted on March 21 by the Bombay High Court to Jagmohan Dalmiya, former BCCI president and three others.

They, however, pleaded for expunging certain observations made by the High Court.

The High Court while granting anticipatory bail to Mr. Dalmiya and the others in a case of misappropriation of funds during the 1996 World Cup had observed, "brooding omnipotence of the State machinery being available at the disposal of the complainant also cannot be ignored." Both the State and the BCCI filed special leave petitions against the order and observations of the High Court.When the matter came up for admission before a Bench of Justice S.B. Sinha and Justice P.K. Balasubramanyan, senior counsel for Maharashtra made it clear that it was not opposed to the anticipatory bail. Only "he [Mr. Dalmiya] must cooperate with the investigation." He also said that certain observations were uncalled for and they should be expunged.

Initially, senior counsel for BCCI L.N. Rao said the board was opposed to the anticipatory bail to Mr. Dalmiya and others. At this juncture, the Bench observed, "It is too much to say you will oppose anticipatory bail. It is certainly vindictive. BCCI has no locus standi in this matter because you are the complainant. We will dismiss your appeal." Senior counsel Soli Sorabjee appearing for Mr. Dalmiya said there was nothing objectionable in the observation "brooding omnipotence of the State machinery."

Subsequently, Mr. Rao said the BCCI was also not opposing the anticipatory bail but only aggrieved against certain observations. The Bench then issued notice to Messrs. Dalmiya, S.K. Nair, Kishore Rungta and Jyoti Bajpai on the limited question whether the remarks of the High Court could be "expunged or not."

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