New Delhi:The BCCI disciplinary committee, probing charges of financial irregularities against suspended IPL chairman Lalit Modi, will resume its hearing here on Wednesday.
With panel member Jyotiraditya Scindia unable to attend due to illness, the hearing could not be held on Tuesday morning and only started at 6pm in the evening at Scindia's residence.
The four witnesses in the case - IPL and Champions League Twenty20 CEO S Sundar Raman, who flew down from South Africa, Paul Manning, John Loffhagen and Peter Griffiths, all from England - attended Tuesday's hearing.
The hearing was also attended by Modi's counsel Shailesh Mendon, who requested the committee to defer the hearing till Wednesday as the Bombay High Court would come out with its orders on Wednesday morning.
"The hearing of the Disciplinary Committee started at 6.00 pm at Mr Scindia's residence. Mr Mendon appeared before us along with two of his colleague advocates and has requested that the matter be taken up tomorrow i.e., 15th September 2010. He contends that the hearing before the Bombay High Court has been concluded and the writ petition is fixed for orders tomorrow morning," the BCCI said in the minutes of the evening meeting released here.
"The provisions of Rule 32 (VII) of the Memorandum and Rules and Regulations of the BCCI mentions 'However, the adjudication should be completed within six months'.
"While considering the request of Mr Mendon, we suggested that we can resume the hearing at 9.00 am in the morning so that the witnesses who have come from England could be examined expeditiously and these witnesses do not have to come back again," it said.
"However, Mr Mendon requested the hearing be fixed at 2.00 pm tomorrow. It is made clear that this is the last opportunity to Mr Modi for cross examination of these witnesses. The hearing will commence at 2.00 pm on 15th September 2010. The venue of the hearing will be at Hotel Taj Palace, New Delhi.
"Mr Mendon reiterates that he is participating in the hearing without prejudice to his rights in the matter pending before the Bombay High Court," the board added.
Modi had earlier sought the postponement of the hearing until tomorrow but his request could not be conveyed to the entire committee for various reasons.
"We had received an intimation on behalf of Mr Modi that the hearing fixed on September 14 should be adjourned. One of us, Mr Arun Jaitley contacted the other two members of the Disciplinary Committee but could not get through them late in the evening since Mr Chirayu Amin was in the flight from Baroda to Delhi and Mr Jyotiraditya M Scindia was not available on phone because of his being unwell," the BCCI said in the morning.
This was conveyed by Jaitley to Modi's lawyer Mehmood Abdi.
Abdi had earlier requested Jaitley that since the hearing on the writ petition filed by Modi against the BCCI in the Bombay High Court is likely to be completed by the afternoon, the morning schedule of hearing should be adjourned while evening session could go on.
"However in the mail sent by them in the late hours this fact was not mentioned. When we put it to Mr Shailesh Mendon, Counsel for Mr Modi, who had appeared today and sought an adjournment and informed us that their request is that the matter should be adjourned to September 15 and not for the evening of September 14," the board said in the minutes of the morning meeting.
"In the absence of a full quorum, we are unable to proceed with hearing in the morning. We will not make any directions including procedural at this stage in the absence of full quorum.
"We telephoned Mr Scindia after two of us assembled and were informed that he could join the enquiry in the evening. We will make orders on this request in the evening at 6.00p.m. The enquiry is shifted to Mr Scindia's residence. Mr Scindia had informed us that he will be able to join the enquiry panel by the evening."