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The court, perhaps expecting BCCI's unfavourable ruling, said Modi can file his petition after their verdict. Photo Courtesy: AP
HC dismisses Modi's petition, BCCI content
Wed Sep 15 2010 02 : 09 / Mumbai
The court, however, held that Modi can raise the issue of bias at a later stage while challenging the final decision of the committee and the BCCI.

The Bombay High Court on Wednesday dismissed for the second time the petition filed by suspended IPL Chairman Lalit Modi, challenging constitution of the BCCI disciplinary committee, formed to look into the alleged irregularities committed by him.
     
Chief Justice Mohit Shah and Justice D Y Chandrachud also refused to stay Wednesday's proceedings of the disciplinary committee.
     
Modi had argued in the petition that two members of the committee -- Arun Jaitley and Chirayu Amin -- are likely to be biased against him and pleaded that they should be replaced.     
     
The BCCI, in response, welcomed the Bombay High Court's decision.     
     
The three-member committee, which met on Tuesday evening at Jyotiraditya Scindia's residence, is scheduled to meet in New Delhi at 2:00 pm on Wednesday.
     
"We are happy that the court did not give any relief to Mr Modi. The Committee will proceed, the witnesses are already on the list and the meeting would go ahead," BCCI CAO Ratnakar Shetty told reporters.
     
"BCCI has always adopted a stand that we are not vindictive, we want a proper inquiry and a charge sheet was given to him (Modi). The same bench has dismissed his earlier petition also," Shetty said.
     
What the Modi side has to say

Modi's counsel Mahmood Abdi was unhappy that BCCI did not listen to their request of deferring the hearing to a future date.
     
"What's the hurry? It's humanly impossible to reach there. The list of witnesses was given and it was clear who will depose first. It was to start with Sundar Raman but now they say the foreigners would be examined first.
     
"We have been allowed to make a request to deferment of this hearing, predetermined by the committee, to a future date," Abdi told reporters.
     
"How can you examine all witnesses in three-four hours? What was the need to bring all of them (foreigners) together? This is unprecedented haste, speaks volumes for itself."      

But Abdi said somebody from Modi's side will be present at the hearing in New Delhi.
     
Asked what would be their next step, Abdi said, "Special Leave Petition is an option but we have not decided as yet."      

Abdi also contended that it was not for the second time the court has dismissed its petition on the same request.      

"That (dismissal) was for some issue. This is the recusal issue," he said.

Agency/Source 
Press Trust of India
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