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This is an archive article published on May 13, 2006

Suddenly, relief for Dalmiya

Jagmohan Dalmiya got a respite today when the Maharashtra government did not oppose the former BCCI president’s anticipatory bail at the Supreme Court. Dalmiya is facing criminal charges for alleged misappropriation of funds related to the 1996 World Cup.

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Jagmohan Dalmiya got a respite today when the Maharashtra government did not oppose the former BCCI president’s anticipatory bail at the Supreme Court. Dalmiya is facing criminal charges for alleged misappropriation of funds related to the 1996 World Cup.

Anticipatory bail was granted to Dalmiya by the Bombay High Court last month, and the Maharashtra government had opposed it. Today, the state government changed its stance and told the apex court that it was not opposed to the pre-arrest bail. This change came after an observation of the division bench of Justices S.B. Sinha and P.K. Balasubramanyan that “it (opposition to anticipatory bail) was a problem of vindictiveness.”

Maharashtra government senior counsel Harish Salve, told the Supreme Court that “certain observations” of the high court were sought to be expunged. Salve said “the observations” of the high court amounted to holding that there was “no case against” Dalmiya and other former office bearers.

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BCCI senior counsel L. Nageshwara Rao submitted that he was opposed to the anticipatory bail granted to Dalmiya. At this the bench observed: “The BCCI is only a complainant in the case. It has no locus standi. This is too much.”

Then Rao too turned around to say that he also would not oppose the bail.

Senior counsel and former attorney general Soli J. Sorabjee, appearing for Dalmiya, submitted that it was a case of “vindictiveness and nothing else”. He wanted this to be recorded in the order of the court.

Salve submitted several documents relating to the case in the court for perusal. He did not give it to Dalmiya’s side on the ground that the documents were part of the investigation which could not be shared with the “accused” and that “investigation is still going on”.

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The Bombay High Court had on April 10 granted anticipatory bail to Dalmiya, S.K.Nair, Rungta and Bajpai and observed that “undue haste is writ large in filing the complaint.” The BCCI had filed a case in March with the Marine Drive police station in Mumbai alleging that Dalmiya and the others had misappropriated Rs 21.74 lakh from an account named ’world Cup 1996’ kept with a Kolkata branch of the Indian Overseas Bank.

In Kolkata, Dalmiya, who has been maintaining a low profile on this issue over the last couple of months, hailed the judiciary after the apex court’s ruling. “Given the court’s decision, I have to say one thing — one can’t suppress the truth.”

r.venkataraman@expressindia.com

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