
The ICC Appeals Commissioner upheld the one-Test ban on Gautam Gambhir ruling the in-form batsman who was not afforded a hearing out of the Nagpur Test in a highly controversial decision that was slammed by BCCI as unacceptable and violating principles of natural justice.
Justice Albie Sachs8217; decision rejecting Gambhir8217;s appeal against the ban came as a blow to India leaving it without the services of the highly successful batsman with 427 runs in five innings so far in the fourth Test against Australia beginning in Nagpur on Thursday. Tamil Nadu opener Murali Vijay was named Gambhir8217;s replacement for the match.
8220;Cricket is not a contact sport. Small collisions can lead to big ones8230; Deliberate collision can never be condoned, however grave the provocation,8221; said Justice Sachs, a senior Judge on the Constitutional Court of South Africa, in a statement from ICC Headquarters in Dubai.
Sachs was given a week8217;s time by the ICC to go into Gambhir8217;s appeal against the ban slapped on him by Match Referee Chris Broad for elbowing Shane Watson during the third Test in New Delhi last week.
Attacking the verdict as unacceptable, the Indian Cricket Board immediately shot off a letter to ICC President David Morgan that the order of the Appeals Commissioner 8220;seems to be pre-decided as the same has been passed without affording the player an opportunity of a personal hearing8221;.
But Sachs said the right to be heard in terms of natural justice does not necessarily imply the right to an oral hearing and that he had already pleaded guilty to the charge of elbowing Watson.