Mumbai:Lalit Modi's defence against BCCI show cause notice got a boost on Thursday with the cricket board assuring the suspended IPL Commissioner that only documentary proofs provided on charges levelled against him would be used in the proceedings.
"BCCI is in receipt of your e-mail of 12th May, 2010. Your attention is drawn to Clause 32 (iv) of the Memorandum and the Rules and Regulations of the BCCI. Under the said Rules, the Secretary, in consultation with the BCCI President, will issue a notice for the alleged misconduct.
"Such a notice has been issued to you. The BCCI is awaiting your reply on or before 15th May, 2010," BCCI secretary N Srinivasan has communicated to Modi in an e-mail.
"The notice is issued on basis of the material set out in the notice and the documents which have been supplied to you. If your reply is found unsatisfactory, the matter is then referred to the Disciplinary Committee who shall, after giving you a further opportunity, decide the whole issue," the e-mail said. (Read:BCCI has no documents to prove charges against Modi)
"All facts and documents, on which the notice has been issued, have been supplied to you. You may send your reply on the basis of the facts and documents which have been referred to," he further said in the e-mail, a copy of which is available with PTI.
"If an inquiry by the Disciplinary Committee is considered necessary and any further documents/materials, if any, are relied upon, or become available to the inquiry, the same shall also be supplied to you," the BCCI secretary has concluded.
Modi, in his e-mailed reply, has thanked Srinivasan "for confirming that the material already sent is the only material that you will be relying against me and that you don't rely on any further documents or materials as far as show cause notice is concerned."
Modi's legal advisor Mehmood S Abdi said that the materials supplied to the suspended commissioner on May 11 were of "routine nature".
"The process of filing Mr Modi's reply to the show cause notice is on," he declared.
BCCI extended the deadline to file the reply by five days on the suspended IPL chief's request and the new deadline is May 15.
In an earlier e-mail on Thursday, Modi had questioned the authenticity of the sources used by the BCCI to press charges against him and said the board's reluctance to reveal the identity of the alleged source is illegal and unjustified. (Read: BCCI's reliable source is fiction: Modi
In a letter to the BCCI on Wednesday, Modi had raised apprehensions about the reliable sources and said it was nothing more than fiction. He also asked the board to remove this oral communication from the proceedings. (Read:Modi's e-mail to BCCI)
"You have declined to name the alleged 'reliable source' who allegedly orally communicated with the BCCI. This confirms my apprehension that there is no 'reliable source' and this is all fiction and the 'privilege and confidential' claim made is only to cover this up," Modi said in his letter.
"Assuming (whilst denying) that this phantom 'reliable source' exists, the withholding of the name of the alleged 'reliable source', for the reasons stated, is illegal and unjustified. This is also manifestly unfair.
"I cannot respond to the 'unknown' nor be condemned on the basis thereof. This alleged oral communication from the alleged 'reliable source' is required to be wholly excluded from consideration in these proceedings. Please confirm the same," Modi wrote in the letter.
"In para 3 of your e mail (dealing with Page 1 para 3 of the Show Cause Notice) you have confirmed that the communications allegedly received by the BCCI President from Senior Officers, Committee members and others expressing their concern about tarnishing the image of the BCCI and the game of cricket were all oral communications," Modi wrote.
He urged Srinivasan to confirm whether the BCCI intended to rely upon them and if such was the case wanted to know who are these persons who had made oral communications, when they were made and what was their content.
"Could you please urgently confirm whether you intend to rely upon them and/or use them against me," he wrote in his e-mail to Srinivasan.
"If you do intend to do so, please let me know (i) who were the persons who made these oral communications; (ii) when were these oral communications sent; and (iii) what was the content of these communications," Modi wrote in his e-mail.
Modi had received four documentary 'proofs' of his alleged wrongdoings out of the 10 references made in the show cause notice by the BCCI, which said it could not offer evidences for the rest since those were of verbal nature.
The four documents handed over by the BCCI to Modi on May 11 included:
1. Copy of Statutory register of Jaipur IPL Cricket Private Limited and copy of Register of Shareholders as on July 15, 2009 of EM Sporting Holdings Ltd.
2. Copy of Media Rights Agreement, that is audiovisual rights agreement signed by February 28, 2008 between Nimbus and BCCI, including Addendum Agreement dated March 29 and June 2, 2007 and February 2, 2008.
3. Copy of e-mail dated December 6, 2007 from Yannick Colaco, Executive Vice President of Nimbus Sports.
4. Copies of two letters dated October 9 and 10, 2008 from Colaco.
BCCI secretary N Srinivasan in an e-mail to Modi said that other references made in the show cause notice for which he wanted documentary support were oral transactions or verbal communications and there is no documentary proof for those.
Modi had asked for documents from the BCCI for mounting his defence against the first show cause notice that has charged him with financial irregularities and bid rigging in the Indian Premier League.