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2014 Supreme(SC) 380
SUPREME COURT OF INDIA
A.K. PATNAIK, FAKKIR MOHAMED IBRAHIM KALIFULLA
Board of Control for Cricket & Another
Versus
Cricket Association of Bihar & Others
Civil Appeal No. 4235 of 2014 With Civil Appeal No. 4236 of 2014
Decided on : 29-04-2014
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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.
The court cannot reach final determinations on a matter until a duly constituted committee has completed its investigation into allegations, particularly when such allegations are contained in a sealed report.
Headnote:(A) Investigation into allegations - Necessity of a duly constituted Probe Committee to submit a report before the court can reach final findings - The court cannot decide matters until the investigation into allegations contained in a sealed cover report is completed.
(B) Composition of Probe Committee - Dispute regarding whether the same committee that submitted the initial report should undertake the further investigation or a different committee should be appointed for the purpose of investigation.
Facts of the case:
A report kept in a sealed cover contained allegations against certain sportsmen and an official. A committee was tasked with conducting an investigation into these allegations. While the committee expressed willingness to proceed and submitted a proposal regarding the methodology and assistants for the investigation, certain parties contended that the investigation should be entrusted to a different committee from the one that had previously submitted the report.
Findings of Court:
The court observed that until a duly constituted Probe Committee investigates the allegations mentioned in the report kept in the sealed cover and submits its findings, the court cannot arrive at the conclusions necessary to finally decide the pending matters.
Issues: Whether the court can reach final findings without the completion of the investigation by the Probe Committee and what should be the proper composition of the committee to undertake said investigation.
Ratio Decidendi: Final judicial determination is contingent upon the completion of a formal investigation when allegations are based on a sealed report; the court must first resolve the composition of the investigating body to ensure the findings are valid.
Result: Matters reserved for orders on the composition of the Probe Committee and incidental matters.
Legal Category Hierarchy
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practice and procedure
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investigation
- probe committee
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investigation
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 Committee which should undertake the investigation into the allegations against cricketers and Mr. Srinivasan mentioned in the Report of the Probe Committee kept in the sealed cover. Learned counsel appearing for the BCCI and Mr. Srinivasan have submitted that the investigation should be entrusted to a Probe Committee different from the Probe Committee which earlier submitted the Report.
We reserve these matters for orders on the composition of the Probe Committee for investigation into the allegations against the cricketers and Mr. Srinivasan in the Report kept in the sealed cover and other incidental matters.
