Match fixing allegations: SC allows BCCI to assist in Karnataka's plea against quashing of cheating case

New Delhi: The Board of Control for Cricket in India (BCCI) has sought to intervene in a pending plea filed by the Karnataka government in the Supreme Court against the High Court's 2022 order, which quashed criminal proceedings against six accused in a case of alleged match fixing

A bench of Justices Surya Kant and Joymalya Bagchi on October 16 allowed the BCCI to assist the court and sought a counter affidavit from the respondents within four weeks. The court also sought an affidavit from the Union government by giving it the last opportunity. It scheduled the matter for hearing on November 27.
Maintaining that it is a necessary and proper party in the special leave petition filed through advocate D L Chidananda, the BCCI contended the act of match fixing clearly constituted an offence of cheating.The match fixing attracted all the ingredients of cheating, i.e., deception, fraudulent or dishonest inducement, intentional inducement to do or omit anything causing damage or harm.

Therefore, the accused can be charged for the offence of cheating under Section 415 r/w Section 417 of IPC, it said. The High Court had on January 10, 2022 quashed the cheating case in respect of match fixing charges against the accused in the FIR lodged with Cubbon Park police station in Bengaluru.Two players, owner of a team, person in charge of a team, a bookie, coach and a member of the Karnataka State Cricket Association were named as accused under Sections 420 and 120 B of the IPC for match fixing in several matches of Karnataka Premier League in 2018 and 2019.

The BCCI stated, being the one to promote and develop the quality and standards of the game of Cricket in India, is a necessary and proper party to the matter and the outcome of the present case would have a serious impact on the applicant as well as the regulation of Cricket.   

"The prevalence of corrupt practices in cricket matches has an adverse impact on the game and undermines the integrity of the sport. The applicant is in recognition of such corrupt practices in the game of Cricket and to prevent the same had formulated and adopted an Anti-Corruption Code for Participants with effect from March 18, 2019,'' its application read.      

It claimed the accused, by concealing their prior arrangements of match-fixing between themselves, with a dishonest intention, induced the spectators to spend money to buy tickets and the sponsors to invest money in the teams and KPL.The BCCI also pointed out, the Law Commission of India in its report no. 276 on the ‘Legal Framework: Gambling and Sports Betting Including in Cricket in India’ submitted in July 2018 recommended that match-fixing and sports fraud should be specifically made criminal offences with severe punishments.