The Supreme Court on Wednesday set aside a Calcutta High Court order directing that criminal action be initiated against Union Agriculture Minister Sharad Pawar for allegedly filing false affidavits in a case regarding expulsion of Jagmohan Dalmiya from the Board of Control for Cricket in India (BCCI) in December 2006.
A bench of Chief Justice KG Balakrihsnan and Justices Deepak Verma and Justice B S Chauhan directed the High Court to conduct a fresh inquiry into the complaint filed by Dalmiya.
The single judge will hold a de novo(fresh) inquiry into the complaint filed by Dalmiya,the Bench said after hearing Pawar,current BCCI president Sashank Manohar,secretary N Srinivasan,former secretary Niranjan Shah,junior cricket committee chairman Chirayu Amin and chief administrative officer Ratnakar Shetty,against whom the HC had on November 12 ordered trial for perjury or lying to the court.
The order was passed on a plea by Dalmiya,who was expelled from the board on December 16,2006 on charges of financial irregularities and subsequently forced to resign as president of Cricket Association of Bengal. Dalmiya approached the HC,questioning the legality of the rule on the basis of which he was ousted.
Upholding Dalmiyas contention,HC termed his expulsion as illegal and held that BCCI had filed forged documents and a false affidavit to justify Dalmiyas ouster. Following this,Dalmiya sought prosecution of Pawar,Srinivasan,Shah,Amin and Shetty for perjury,which the court granted on November 12. However,on December 5,the SC stayed the trial.
On Wednesday,appearing for Pawar,Attorney General Goolam Vahanvati and senior counsel Mukul Rohatgi argued that the HC had given a unilateral order to try their client and others on charges of perjury. Contending that the HC had not even heard Pawar and others before ordering their trial,Rohatgi said the ruling violated the principle of natural justice.


