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2014 Supreme(SC) 380

A.K.PATNAIK, FAKKIR MOHAMED IBRAHIM KALIFULLA
Board of Control for Cricket – Appellant
Versus
Cricket Association of Bihar – Respondent


Advocate Appeared
For the Appearing Parties:Ajit Kumar Sinha, Sr. Advocate, Rajat Sehgal, Chandrashekhar Verma, Gagan Gupta, Imran Ahmad Abbasi, Imran Ahmad Abbasi, Sundaram, Sr. Radha Rangaswamy, Akhila Kaushik, Rohini Musa, P.R. Raman, S.P. Arthi, Ranjeeta Rohtagi, Rahul Mascarenhas, Pratibha M. Singh, Tejveer Singh, Gaurav Sharma, Shyam Divan, Sr. P.B. Suresh, Vipin Nair, Udayaditya Banerjee, for M/s. Temple Law Firm, C.A. Sundaram, Sr. Radha Rangaswamy, Akhila Kaushik, Rohini Musa, P.R. Raman, S.P. Arthi, Ranjeeta Rohtagi, Rahul Mascarenhas, Mukul Rohtagi, Sr. [ Srinivasan] Amit Sibal, Sr. Amol Chitale, Prateek, Devanshu Popat, Pragya Baghel, Sandeep Sethi, Hari Shankar K., Aditya Verma, Anshuman Upadhyay, P.S. Raman, Sr.[India Cements] V. Prakash, Sr. T.K. Bhaskar, K. Harishankar, S. lakshmi, Aditya Verma, Anshuman Upadhyay, Devanshi Popat, Vikas Singh Jangra, Ashok Desai, Sr. [Rajasthan Royals] Kirat Singh Nagra, Deep Roy, Monish Panda, Ksitij Karjee, Anish Dayal, Siddharth Vaid, Tamali Wad, Anshuman Srivastava, Nalini Chidambaran, Ajit Kumar Sinha, Sr. Rajat Sehgal, Chandrashekhar Verma, Gagan Gupta, Imran Ahmad Abbasi, Probe Gopal Subramanium, Sr.Committee Abhishek Tewari, Vidushpath Singhania, Gautam Bharadwaj, Advocates.

Judgment :

Heard learned counsel for the parties.

We are of the considered opinion that until duly constituted Probe Committee investigates into the allegations made against the cricketers and Mr. Srinivasan mentioned in the Report of the Probe Committee and kept in the sealed cover and submits a Report, this Court cannot come to findings necessary to finally decide these matters.

On 23rd April, 2014, when the matters were taken up for hearing, we had called upon Mr. Gopal Subramanium, Senior Counsel appearing for the Probe Committee to take instructions from the Probe Committee as to whether the Probe Committee is willing to undertake investigation into the allegations against different cricketers and Mr. Srinivasan in the Report kept in the sealed cover. On instructions from the Probe Committee, Mr. Gopal Subramanium has submitted that the Probe Committee is willing to undertake the investigation. He has also submitted a written note on the persons who can be appointed to assist the Probe Committee in the investigation and the manner in which the investigation is to be done.

We have heard learned counsel for the parties also on what should be the proper composition of the Probe C

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