IPL scam: Delhi Police challenges discharge of all accused

Sep 04, 2015, 09:41 IST | Agencies

New Delhi: The Delhi Police has cited 38 points in its review petition filed in the Delhi High Court challenging the trial court’s decision discharging all accused, including cricketers S Sreesanth, Ajit Chandila and Ankeet Chavan, in the sensational 2013 IPL-6 spot-fixing case.

Cricketers Ajit Chandila, Ankeet Chavan and S Sreesanth had been discharged in the 2013 IPL spot-fixing case in July
Cricketers Ajit Chandila, Ankeet Chavan and S Sreesanth had been discharged in the 2013 IPL spot-fixing case in July

In its review petition, the Delhi Police has contended that the trial court had erroneously interpreted the law pertaining to the MCOCA (Maharashtra Control of Organised Crime Act) and its order was unsustainable.

“If the reasoning given by the learned special judge is accepted, it would be quite easy for a syndicate to commit organised crime while sitting outside Delhi through their associates or take shelter or generate wealth outside Delhi after committing the offence within the limits of Delhi.

“Thus, the learned Special Court has also failed to appreciate the fact that the nature of ‘organised crime’ includes within its ambit inter-state offences as well,” the review petition said.

The trial judge, while discharging all the accused, had said the case “did not satisfy the mandatory requirement provided under Section 2(1)(d) of MCOCA for the offences to qualify as ‘continuing unlawful activity’.”

In its 53-page review petition, the Delhi police said the court “has failed to appreciate the spirit and essence of MCOC Act.” The review petition said the single-judge bench “has failed to appreciate that the ingredients of the definition of organised crime, continuing unlawful activity and organised crime syndicate are fulfilled, even by literal and conservative interpretation of the statute.”

In its petition, the Delhi Police also contended that the court “has erroneously concluded that match-fixing and betting cannot be considered enough for framing charges under MCOCA for want of appropriate alternative law qua the said activities and that since the said activities were covered under the anti-corruption code of Board of Control for Cricket in India.”

Delhi Police had filed an 8,000-page chargesheet against 36 people which included the three players allegedly involved in spot-fixing.

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