Hearing on the Kale case resumed at a Pune civil court today, with Clause 38 (VII) of the BCCI’s rules and regulations the focus of the arguments. The clause states that, ‘pending inquiry, the BCCI president can suspend the player until final adjudication’. District civil judge VD Kulkarni heard both sides and reserved his verdict for Friday morning. Interpretation of the clause was contended by the two sides — Abhijit Kale and the BCCI/MCA — in the case, filed by Kale to ‘set aside’ his suspension. Kale’s counsel Manoj Wadekar argued before the court that since the inquiry of Commissioner DV Subba Rao had not started the rule cannot be invoked. ‘‘There is an injury to my client’s civil right and hence it is illegal,’’ contended Wadekar and pressed for staying of the suspension till the inquiry was completed. This, he said, would enable his client to play the Ranji Trophy Plate ‘B’ match against Orissa starting on Monday. Kale’s selection for that match would become a tricky issue for the MCA, which has made clear its stand of backing the BCCI. Arguing for the Board, Milind Hartalkar said the very appointment of Rao “is the start of an inquiry”. ‘‘There are two stages for him (Kale) to give his side of the story. First the Commissioner and the disciplinary committee, so how can there can be no natural justice?’’ questioned Hartalkar. Earlier, as the court started proceedings for the day, Kale was served the notice of the BCCI Commissioner DV Subba Rao ‘in court’. The BCCI lawyer informed the court that the notice was couriered to Kale’s residence at Thane, but since there was no confirmation of receipt, this step was followed. Kale’s lawyer Wadekar then tried to point out that the very fact that the notice was received on Thursday, a week after the Commission was set up, showed “malafide intention”.
