Mumbai:Lalit Modi's legal counsel Mehmood Abdi on Saturday termed the BCCI's decision to refer charges against him to the disciplinary panel as well as to initiate civil and criminal proceedings against the suspended Indian Premier League chief as "legal absurdity".
"The decision taken is a legal absurdity. On the one hand the Special General Meeting of the BCCI decided to ratify referring of charges against Mr Lalit Modi (by secretary N Srinivasan) to the (reconstituted) disciplinary committee for further investigation.
"On the other hand the BCCI decides also to file criminal charges against Mr Modi on the same ground. That means the BCCI has already formed an opinion about the commitment of offence by Mr Modi," Abdi said.
Abdi asked what would be left for the disciplinary panel, which was reconstituted by the SGM by including Union Minister and Madhya Pradesh Cricket Association chief Jyotiraditya Scindia in place of BCCI chief Shashank Manohar, to probe into once the criminal complaint has been filed.
"In this case what is left for the Disciplinary Committee to probe into? There is nothing more for the Committee to work upon. This is a situation which can be described as legal absurdity," Abdi said.
Abdi also charged that the BCCI officials were bent upon throwing the suspended IPL Commissioner out of the body which is indicated by the haste with which its decisions are being taken vis-a-vis Modi.
"The indecent haste by which the affairs of the BCCI are being conducted shows that the purpose is not to punish Mr Modi, in case he has committed any irregularities, but to ensure his ouster from BCCI for good," Modi's lawyer said.
Abdi also rued that though the issues carried legal implications the BCCI members decided to do a head count and refer the charges to the disciplinary panel, thus ratifying secretary N Srinivasan's action, instead of applying their legal mind.
"The issues involved serious legal implications which cannot be decided only on the basis of head count (of those in favour among the attendees) but required to be properly addressed with fair and impartial application of judicial mind," Abdi remarked.
Modi has accused Srinivasan of pursuing personal vendetta against him and did not want the BCCI Secretary to decide on the replies given by Modi to the various charges included in the three show cause notices issued to him.
The suspended IPL chief had also demanded that an enquiry be conducted against Srinivasan himself.