The Karnataka High Court has ordered that match-fixing will not be considered punishable and a criminal offence under the Indian Penal Code, quashing the case from the 2019 Karnataka Premier League.
A single judge bench of Justice Sreenivas Harish Kumar held that it would be up to the BCCI to punish the offenders in such matters, Cricbuzz reported.
According to the High Court’s ruling, the Section 420 IPC (cheating) cannot be applied against someone accused of match-fixing and that a FIR for the same cannot be filed either.
"It is true that if a player indulges in match-fixing, a general feeling will arise that he has cheated the lovers of the game. But, this general feeling does not give rise to an offence. The match-fixing may indicate dishonesty, indiscipline and mental corruption of a player and for this purpose the BCCI is the authority to initiate disciplinary action," the High Court said in its recent verdict.
"If the bye-laws of the BCCI provide for initiation of disciplinary action against a player, such an action is permitted but, registration of an FIR on the ground that a crime punishable under section 420 IPC has been committed, is not permitted. Even if the entire charge sheet averments are taken to be true on their face value, they do not constitute an offence," the court further said.
In 2019, match-fixing in the Karnataka Premier League was a big issue and it came to light when the Bangalore Police filed chargesheets against many, including players, owners, a Karnataka State Cricket Association (KSCA) official and a bookie.
The likes of CM Gautam (player and Petitioner 1), Abrar Kazi (player and Petitioner 2), Ali Ashpak alias Asfak Hanif Thara (owner of Belagavi Panthers and Petitioner 3) and Amit Mavi (bookie and Petitioner 4) were the main accused.
The court also acquitted the bookie in the matter, saying that betting does not come under the ambit of gaming, which is an offence in Karnataka.
"It was argued by the respondent that betting amounts to gaming which is an offence under the Karnataka Police Act. If Section 2 (7) of the Karnataka Police Act is seen, its explanation very clearly says that game of chance does not include any athletic game or sport. Cricket is a sport and therefore even if betting takes place, it cannot be brought within the ambit of definition of 'gaming' found in the Karnataka Police Act," the judge said.
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