In a detailed e-mail to Manohar, copies of which were marked to Srinivasan and other members of the Governing Council, Modi has contended that Srinivasan is wearing two hats -- administrator and team owner -- and was in a clear ‘conflict of interest position which he had misued and exploited’. “A show cause (should be) immediately issued to the honorary secretary, and pending an investigation he be suspended,” Modi has written.
Claiming that he was ‘constrained to present the present application so as to bring a degree of fair play’ and invoking the principles of natural justice, Modi added that his ‘requests’ were not motivated by personal grudge.
Outlining his reasoning behind wanting Manohar to not be involved in the show-cause notice issue, Modi wrote, “Your participation would tantamount to being a judge, witness and a potential co-notice. The allegations made in the show cause are contrary to the minutes recorded and approved by all members of the Governing Council and ratified by the General Body of the Board. Thus, it should be obvious that your participation in the matter is going to create an anomalous situation.”
More damning in his attack on Srinivasan, Modi minced no words. “The honorary secretary has been instrumental in sponsoring complaints against me,” Modi observed. “I would like to cross-examine him in the present enquiry.
“I have sufficient cause to apprehend bias on his part. This stems from the manner in which I have consistently frustrated and exposed his attempts at misusing his position as the honorary secretary of the Board so as to confer a wrongful benefit to his team (Chennai Super Kings) at the cost and expense of other teams and the BCCI.”
Apart from claiming that Srinivasan attempted to alter the panel of umpires for IPL matches and consistently pushed tailor-made policies which benefited and/or had the potential to benefit his own team, Modi alleged that Srinivasan had allowed a ‘bank guarantee given by Zee, in the sum of US$0.60 million, to lapse despite Zee being in breach of its obligations’. “This was done to cause wrongful loss to the Board and wrongful gain to Zee,” he continued.
Accusing Srinivasan of trying to get even, Modi added, “Since I have been opposed to this manner of functioning from the very inception, it is obvious that to protect his position, the honorary secretary has good reason not just to defame me but also to find me guilty of imaginary wrong doings alleged in the show-cause notice.”
Modi’s third demand, apart from Manohar’s recusal and Srinivasan’s exclusion, is for the appointment of a ‘body comprising independent persons for adjudicating as well as determining whether the cause shown by me is sufficient or not in terms of Article 32 (IV) of the BCCI rules’.
“I would further suggest that it would be in the interest of justice if either persons with judicial experience and who have held high judicial office (like former Chief Justices of India) may be included in the panel,” Modi contended.