Kerala HC lifts lifetime ban on Sreesanth

The Kerala High Court on Monday ordered Board of Control for Cricket in India (BCCI) to lift the lifetime ban on cricketer S Sreesanth that was imposed on the basis of spot-fixing charges against him.

The court issued the order after considering a petition filed by the cricketer in March challenging BCCI’s decision not to lift the ban despite a Delhi court exonerating him in 2015. The ban was imposed by BCCI on the allegation of spot-fixing in the 2013 edition of the Indian Premier League.

Challenging the ban, Sreesanth had contended at the high court that not lifting the ban violated his constitutional rights. It was on the basis of information provided by Delhi Police that BCCI imposed a ban on him and it was the case registered on the basis of the same information that was considered by the court while exonerating him. BCCI’s decision not to withdraw the ban amounts to violation of constitutional rights, the player had argued.

BCCI suspended him from the team and ordered an enquiry following his arrest by Delhi police in May 2013, the petition had said. A preliminary report was submitted by the enquiry team led by BCCI president in Jun 2013 without giving him a chance of hearing. Though his version was obtained in writing later, a supplementary report was filed in July without considering it. He was then issued a show cause notice by BCCI and later imposed a ban from playing at international competitions and at games conducted by clubs and institutions affiliated to it, as per the petition.

On July 25, 2015, an additional sessions court exonerated Sreesanth and others from the charges that included offences under Maharashtra Control of Organized Crime Act (MCOCA).
Responding to Sreesanth’s petition, BCCI had informed the high court in April that a criminal court exonerating him is not enough to lift the lifetime ban. BCCI’s affidavit to the court had stated, “The standard of proof required under a penal statute is much higher than the proof required for a disciplinary inquiry. Therefore, on an appreciation of the same evidence, one may not be guilty of criminal consequences but can be found guilty for violating the internal disciplinary rules of an organization.” It was aware of the sessions court’s decision discharging Sreesanth of the charges but a working committee of BCCI that met at a later point of time decided not to lift the ban, the affidavit had stated.