Jolt for Dalmiya as High Court vacates stay order

Kolkata, Mar 17 (UNI) In a major setback, former BCCI president Jagmohan Dalmiya was today asked by the Calcutta High Court to reply to a showcause notice, issued by the Board for alleged financial irregularities, vacating a stay granted to him by a lower court earlier.

A Division Bench comprising Justice Bhaskar Bhattacharya and Justice P N Sinha observed that the trial judge was not in line in granting the stay and set aside the City Civil court order of ad-interim injunction on the showcause notice.

The court also observed that the BCCI had the right to issue such showcause to Dalmiya and the lower court should not have granted the stay as the allegation involved a huge amount of money.

The Bench, however, granted seven more days to Dalmiya to respond to the February 27 showcause notice. Mr Dalmiya had approached the trial court on March eight, nine days after the showcause was issued.

BCCI secretary Niranjan Shah had slapped the showcause notice on Mr Dalmiya, asking him to clarify the alleged irregularities regarding the financial transaction of PILCOM accounts, headed by Dalmiya.

In his written submission, Board counsel S K Kapoor said without arriving at a conclusion that Dalmiya had any prima facie case, the lower court had passed the injunction. In such allegation of serious financial irregularities, the accused person could not evade an answer to a showcause on the issue and move the court, Kapoor submitted.

He said the notice was strictly in accordance with the rules of the BCCI.

Dalmiya's counsel Mintu Sen submitted that the showcause was ''malafide'' and with ''malice against his client'' and that the notice was intended to humiliate him. Mr Sen also claimed that the showcause notice was issued to Dalmiya before the expiry of seven days granted to him by BCCI to answer some queries pertaining to PILCOM accounts.

He also claimed that malice towards Dalmiya was evident in the criminal case filed against him by the BCCI at a Mumbai police station, while the civil case here was pending.

The court observed that Dalmiya was at one point of time president of the Board and convenor of PILCOM and was bound to satisfy the subsequent board with accounts if sought in a showcause.

BCCI Legal expert Ankur Chawla, told UNI, '' This is victory for the cause. Now he has time till March 24 to reply to the show cause.

If we are not satisfied, we can proceed as deemed fit under clause 38 of BCCI constitution. '' Regarding the FIR filed in Mumbai he said, now it was up to police to do the investigation.

Mr Dalmiya was, however, not available for comments.

UNI BA SJC DH DB1906