The match-fixing case may be weak, but the CBI is set to ensure a ban for the `tainted’

The CBI believes it has been able to establish beyond doubt that Azhar and Sharma were the king-pin of the match-fixing scam. According to CBI, Azhar even opened an account in Dubai and sent gifts running into crores of rupees to himself and his wife from his own Dubai account.

But after legal scrutiny and consultation, the CBI felt that it has a weak case to prosecute them under CRPc, IPC or PC Act. The I-T and FERA regulations alone can take care of these violations.

When the Sports Ministry insisted that the `guilty’ cricketers should be prosecuted, the counter argument was if these players are acquitted by a court in case, the BCCI would not be in a position to keep them out of team. These players may then go to town now saying that they have been acquitted by the court, the BCCI has no business to keep them out of the game. This dilemma was behind the four-week delay in submitting the `fact-finding report’ by the CBI to the government.

It is learnt the government and the CBI have taken a conscious decision not to prosecute them as a criminal case may not sustain in the court. Secondly, cricket players are not public servants either and cannot be treated so under the Prevention of Corruption Act. Therefore, it would be better that the guilty be punished by the BCCI on the basis of the findings of the CBI. The government may also exercise its authority in recommending such a ban.