The Delhi Police officials
disagree with Ministry of Law and Justice's view on CBI's match-fixing
report that no case of cheating could be made out against Indian players.
If such a case could be registered
against Hansie Cronje, it could be done against the Indian players as
well, the police officials said during a meeting with sports minister Uma
Bharti on Wednesday.
The meeting was also attended by
officials from CBI, Enforcement Directorate, Central Board for Direct
Taxation, Ministries of Home Affairs, External Affairs and Law and
Justice, sports ministry sources said on Thursday.
The Police officials pointed out that
they had registered a cheating case against players Cronje, Herschelle
Gibbs, Nicky Boje, Pieter Strydom and Henry Williams and Krishan Kumar,
London-based NRI Sanjeev Chawla and Rajesh Kalra on the basis of the taped
conversations, the sources said.
The police officials wondered as to why
the same could not be done against the Indian players looking at the
evidence, they said.
Meanwhile, CBI has said that it did not
rule out prosecution of former skipper Mohammed Azharuddin and Ajay Sharma
under Prevention of Corruption Act (PCA) for allegedly receiving huge sums
of money from bookies in match-fixing as they were "public
servants".
CBI had referred its probe report to
former Supreme Court judge Justice M K Mukherjee and Solicitor General
Harish Salve to get their expert legal opinion on "whether the facts
disclosed in the inquiry are sufficient to institute a case for any
criminal offence."
Though Justice Mukherjee ruled out a case
of cheating against the players, on Azharuddin and Sharma, he said,
"The two players may be said to have committed offences under section
13(1(d)(i) of Prevention of Corruption Act".
Union Law Ministry has also said that
Azharuddin and Sharma could be prosecuted under Prevention of Corruption
Act (PCA) but said the prosecution "should be initiated only when
there is evidence beyond doubt".
Giving its opinion on the CBI report on
match-fixing and betting to the sports ministry, the Law Ministry has said
that to initiate prosecution of these two players, who work in government
undertakings, under PCA "there needs to be evidence and the measure
of evidence will be evidence beyond doubt".
The Law Ministry has also said that
"the offences of cheating may not be made out on the reading of the
report and the requirements of the Section 420 of the Indian Penal
Code." Azharuddin is chief manager and PRO with public sector State
Bank of India while Sharma is employed with the Central Warehousing
Corporation. |