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The ball is in the CBI's court
The CBI may find that probing the deal over telecast rights will
be far easier than conducting the broad-based, open-ended inquiry
into match-fixing, writes MUKUND PADMANABHAN.
IT IS no surprise that the CBI feels it has been sold a lemon.
The Union Government's decision to ask the country's premier
investigating agency to conduct a broad-based probe into the
cricket match-fixing scandal has placed the agency in a difficult
spot.
To begin with, the terms of reference - if this is the right
expression for a probe which calls on the CBI to conduct an
expansive investigation into the whole bribery/match-fixing
phenomenon - are decidedly ambiguous. Unlike the Delhi police,
which is probing what occurred during a particular cricket
series, the CBI's brief is wholly undefined.
In a sense, every international cricket match played over the
last few years is under scrutiny. So perhaps is every cricketer
who has played during this period - not to mention officials in
charge of the game.
Just where does the CBI start? It has begun by studying the
Chandrachud report for starters, but a Commission that found no
evidence of match-fixing is hardly likely to provide much by way
of leads into this very phenomenon.
The former test cricketer, Mr. Manoj Prabhakar, the man who blew
the whistle on match-fixing, has indicated he will cooperate with
the CBI. So has Mr. I.S. Bindra, former President of the Board
for Control of Cricket in India (BCCI), who has been particularly
voluble and disputatious over the past couple of weeks.
Do these gentlemen know much more than they have already revealed
to the press? Perhaps and then again perhaps not. Can they
furnish information that could result in the unearthing of hard
evidence - the kind that would justify the filing of a
chargesheet - about match-fixing. The answer, many would agree,
is: probably not.
The CBI has set up a team under a Delhi-based Joint Director, Mr.
Sawani, which will use the assistance of its centres in other
cities such as Mumbai, Calcutta and Chennai to conduct the
investigation. Starting off as it does with a virtually blank
slate, the probe will be in the nature of a preliminary inquiry.
This poses its own problems. The weight or influence that is
derived when an FIR is registered - to arrest or even just to
summon people to be examined - would be absent during the
preliminary enquiry. To compound matters, the CBI - which is used
to tackling public servants - will be treading on unfamiliar
ground when dealing with cricketers.
There is also the hardly-talked-about legal aspect of the
problem. While everyone would agree there is something extremely
morally amiss about cricket match-fixing, the question is:
exactly which legal section of the Indian Penal Code is breached
by such practice? It is true that the Delhi police registered a
case under the IPC against Hansie Cronje and others for criminal
conspiracy and cheating.
However, the question is almost certainly going to be asked
during legal proceedings: just who has been cheated by match-
fixing? Those who placed illegal bets on cricket matches?
The CBI may find that probing the deal over telecast rights -
which the Union Sports Minister said would be a part of the
investigation - would be far easier than conducting the broad-
based, open-ended inquiry into match-fixing. The specificity of
the former brief contrasts starkly with the ambiguity over the
latter.
While it will be very difficult to establish just which cricketer
fixed which match, the CBI is better placed than any other
organisation in India to establish just how wide the network
operated by the bookmakers spreads. The investigations conducted
by the Delhi police firmly suggest that the two accused
bookmakers - Rajiv Kalra and Sanjeev Chawla - are only minnows in
a game played by some large cold-blooded sharks.
Finally, there is the fear factor. The very fact that an
organisation such as the CBI has been appointed to investigate
the match- fixing phenomenon is bound to have a deterrent effect.
In the near future, it is highly unlikely that bookies will be
making open approaches to cricketers or that cricketers will be
caught chatting up bookies on cellphones. So the next time India
goes out to do battle on the cricket field, rest assured: people
are going to be running much too scared to fix the result.
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