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Centralised police probe will help in IPL fixing case: Vinay Tiwari

IBNLive.com
Jun 05, 2013 at 06:59pm IST

Where is the IPL spot-fixing and betting probe heading? CNN-IBN's managing editor Vinay Tewari joined IBNLive readers for an interaction on the issue.

Q. I MCOCA right invoked on Sreshanth..now how will not get bail for 6 months atleat.. Asked by: Manojwa

Centralised police probe will help in IPL fixing case: Vinay Tiwari

What Meiyappan and Vindoo's release and charging the three players under MCOCA mean for the overall case.

A. Hi Manoj....the police have told us MCOCA has been added to the case...not against specific people as yet. And legally, people named in the same FIR can be charged with different offences...so it remains to be seen if Sreesanth and other cricketers will be formally charged with MCOCA. But what is certain, the accused will all be investigated under this stringent law and bail for them will be debated separately in the special court.

Q. The BCCI should now keep this issue aside until it's internal inquiry report is obtained? Asked by: sundar1950in

A. In an ideal situation, that would be a fair point!

Q. ICC so far has not made any critical comments on the ongoing investigation. Does ICC have powers to conduct it's own investigations on the subject? Asked by: sundar1950in

A. IPL is not an ICC tournament, so they have no direct powers to probe what happened during IPL. At best, they can make recommendations.

Q. Many bookies, some players, few owners and an umpire - all on scanner. Suspect Brain behind operation overseas - Such a complex situation may result in a logjam in the judicial process - Given the fact that too many interested parties are very influential? Asked by: sundar1950in

A. Well Sundar, all legal cases in courts are complex. We have been making this point on CNN IBN....the battle of perception is very different from the battle in a court of law. In courts, the ability to sift, handle and present minute is the key to proving guilt. Can the Delhi and Mumbai police live up to it? That's a million dollar question!!

Q. Will the Apex court order bunching of the cases and ask CBI to handle the cases? Can CBI take up cases of MCOCA? Asked by: sundar1950in

A. CBI is a federal agency which can investigate any criminal offence. But the case needs to officially handed over to it either by one of the states, or by a court. So far neither has happened. But I agree, this issue ie federal in nature and cuts across state boundaries...so having a centralised probe should help.

Q. Is this is a reflection of justice? As the true victims of betting are charged with MCOCA and the kinpins who rolls the dice are given bail? Does this mean that individual who have power in hand can misrepresent case and get away without being punished and the players who were threaten and twisted to do to satisfy there wimps and fantasies are been charged with offences they are not eligible for. The state has failed to protect the players and it has resulted in match fixing? Asked by: Joe

A. Hi Joe...I think we are mixing up the cases here. The Delhi and Mumbai cases are investigations which are totally independent of each other. So far, there is NO direct linkage between the bookie module busted by Mumbai police and the one busted by Delhi Police. And each police has to build a case as per evidence on record with them. So though the bail and MCOCA happened on the same day, the two cannot be linked, at least as of now. Unless the case gets handed over to a federal probe agency and they find a link, we cannot draw this conclusion.

Q. Pulling in three different directions - Player - Bookie -- Underworld _ _ _ _ _ Delhi, Chennai and Mumbai cops filing under different sections the Charges May hamper for a logical conclusion and Convictions to the criminals? Asked by: sundar1950in

A. As I have said, the three are totally independent of each other. So the case wont get hampered unless if one state police has evidence useful to the other and shows reluctance in sharing it. Its early to say, if this will adversely impact the case.

Q. BCCI didn't take stricter approach when Azharuddin was caught of fixing..this is the result of that only that this mess still exists..political parties also play their role..Azharuddin is an MP from congress..if this is what the case is why will anyone afraid of fixing..this is encouraging. Asked by: Lahori

A. Sadly, the case you are referring to never went to court. The CBI had only filed a PE, or a preliminary enquiry report. There was no FIR in the case. We can argue over the motives or strength of their case, but one reason why no FIR was filed because virtually no law covers betting and spot fixing adequately. there are legal loopholes and that's why the new proposed law for corruption in sport is a must.

Q. BCCI never lost a court case, with lot of money in the coffers and all politicians joining hands together, all these cases will remain buried deep under. For politicians cricket is not a game but Aladdin's lamp? Do you think guilty will be punished? Asked by: kochappan

A. Hi! Lets hope this time, the guilty do get punished...after due process of law...we all would want salutary punishment so that faith is restored!

Q. Don't you think a powerful legislation is required for fixing? Asked by: Rajinish

A. Yes Rajinish...its an absolute must...a draft is being prepared by the government currently...lets wait and see how strong are the final provisions.

Q. How much more time will it take for this case to come to its conclusion? Asked by: Randhawa

A. That's a very assessment to make. Criminal trials can get long winding depending on the number of complexities that get thrown up by defence counsels as a strategy. Its not a fast track trial, so it may well end up taking time.

Q. Do you think any of these cases will find end of day? Like 2G, CAG and many others, it might get dragged for long.. As it appears now, I don't know if the police has been able to put together a compelling case in courts. Asked by: gopal

A. How compelling the police case is, can only be judged when they files charge-sheets in the case. Only a charge-sheet gives a sense of how strong a case is. So lets await the formal probe to end. These are painstaking jobs and can take time.

Q. Dear Vinay, You have said that IPL is not an ICC tournament and they have nothing to do. How are the investigating the BPL then, and the case of M. Ashraful? Can't they do the same with IPL? Asked by: Narayan

A. Valid point and I should clarified it. The ICC has an independent anti corruption unit called ACSU. They work independently of ICC. They act on complaints during the tournament and there was a specific complaint with them on BPL...the ACSU called for a hearing where Ashraful confessed. This was forwarded to Bangladesh Cricket Board, who suspended him. Nothing more has happened. In IPL, no complaints were made to ACSU during the tournament.

Q. Do you feel more players are involved and this is a bigger scandal than it is at present shown? Asked by: Rama

A. Hi Rama! Though one cannot work on conjectures, I think it would be naive to assume only three players across 9 franchisees would have succumbed to temptation. There may well be more...but you need definite evidence, which isn't there against more as of now.

Q. What is MCOCA? Asked by: Rajesh

A. Hi Rajesh...MCOCA stands for the Maharashtra Control of Organised Crime Act. Its a rather tough law which provides far greater powers to the police, like longer custody periods, confessions being admissible as evidence etc. Its a Maharashtra law but was extended to Delhi in 2002. Hence Delhi Police uses it here as well.

Q. Will every frachise owner will be questioned or only RR ans CSK? Asked by: Radhe

A. Hi Radhe...as of now only CSK and RR are being probed. The Police have not yet said they will question more owners.

Q. My question is simple.. Police claims that Vindoo confessed to involving in Betting. But once got bail and came out he says he is not involved.. Whom to believe, Police or Vindoo? Asked by: Ramesh

A. Neither. Under IPC, confessions made to police are NOT considered evidence by Indian courts. So while police keeps claiming confessions have been made, they need to work hard to prove a case with more direct evidence.

Q. Do you think this probe will come to its conclusion? Asked by: Rakka

A. Let's hope so...but court battles are complex, need a solid grasp of minute and an ability to build a case. Police very often are found wanting in that department.

Q. Is this probe has now become prestige issue between Delhi and Mumbai police? Asked by: Rohit

A. Don't think its necessarily a prestige issue as you put it, but there has always been a bit of competitiveness between the two forces. Each one would like to steal the other's thunder.

Q. Almost everyone got bail but Santh Kumar Sreesanth. why is he jailed till now Asked by: Ramesh

A. That's not true for the case involving Sree. In Delhi only Ankeet Chavan got a conditional bail till June 06 for his marriage and one more accused has got bail. None of the other 24 have got bail so far. In Mumbai, however, bails have been granted to several accused.

Q. I think charging the case depend on how influential you are otherwise how Meiyappan and Vindoo is released on bail and others charged under MOCCA? Asked by: prathap

A. Prathap...I can understand the sense of anger and frustration we can have...but that's an unfair deduction...as I have stating, the Delhi and Mumbai cases are different...and there is a big difference between what evidence they have here and what they have in Mumbai. So let's please not judge by the developments in the other case.

Q. Would Meiyappan and Vindoo to be charged under MCOCA. While no one can be assured that the players were directly in touch with bookies, these two people seem to be from the allegations against them. Isn't this a little unfair against players? What do you think? Asked by: Narayan

A. The Mumbai police believes that they don't have evidence to use MCOCA on Vindoo or Guru. Remember, Delhi is a separate case and here the police believe they have enough to probe the accused under MCOCA...again let me reiterate...as of now police have added the charge in their FIR...we still need to see if the players will be charge-sheeted under that act as well or not.

Q. Is not Chavan on better footing then two others. No direct talks with bookies no payment received. Asked by: sarvjit

A. Hi Sarvjit! That's not a question for us to answer or speculate upon. How strong is the evidence depends on what's presented in a court.

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