REPORT OF THE COMMISSIONER, BCCI

156. The analysis of evidence against Azhar in the report of CBI appears at Pages 68-71 and it is based mostly upon the statement of Azhar as set out supra and the statements of others such as MK etc. In as much as in his statement recorded by me he has mostly resiled from his statement as recorded by the CBI, Azhar had naturally to state before me that the analysis of the CBI against him was totally wrong. Once again at this stage, I would prefer to reproduce Azhar's statement verbatim than convert it into my language. This will also ensure brevity. I am, therefore, reproducing below the last part of the statement of Azhar as recorded by me.

"49). It is correct that myself and Ajay Sharma have been good friends. It is not true that the telephone calls of Ajay Sharma to me were only just before or during cricket matches. It is correct that Ajay Sharma had always been my well wisher for many years. It was only occasionally that Ajay Sharma used to bring bats for me.

50). Regarding the analysis of the evidence by CBI against me as far as Mukesh Gupta is concerned, I state that it is incorrect. In my statement recorded by you earlier today I have already stated that I did not know Mukesh Gupta at all.

51). Similarly I state that the analysis in the report of the CBI against me regarding Ajay Gupta & Amish Gupta is wrong. It is also wrong that the Pepsi Cup match between India and Pakistan at Jaipur in 1999 was fixed through the Guptas. It is also false that Ajay Jadeja and Nayan Mongia were also involved. I was not paid Rs. 10 lakhs after the match by any one. I did not tell the CBI that Amish Gupta had given me mobile telephone 9811150860.

52). I had never spoken to Abu Salem. He has never asked me to fix matches and therefore the question of my refusing to do so does not arise. In fact I have never had any contacts with any person in the underworld as is being reported now.

53). Regarding the last para of the analysis in the report given by the CBI about me, it is generally correct except that I do not know the price of the watch which I presented to Ajit Wadekar.

Q.

54). CBI has stated about you as well as many other players and bookies that the players were in frequent telephonic contacts with bookies and punters. Regarding you also similar remarks have been made. Would you like to say any things about this?
A.

55). The bookies and punters were not part of the cricket world. They have their own axe to grind and can therefore utter falsehood about cricketers including me.

Q.
56). Were you in the habit of getting bags and parcels for you being delivered through Dr. Ali Irani and did you collect them from Dr. Ali Irani?
A.
57). No such bag or parcel meant for me was ever delivered to Dr. Ali Irani and I never collected any bag or parcel from him. My relationship with him was only as a player or Captain with a physiotherapist.

Q.
58). Would you like to say any things further regarding the allegations made against you and the conclusion arrived at by CBI?
A.

59). I would like to state that I was never a party for receiving anything from any person and I never contacted any person for any match fixing. I have done my best for my country and broken many records. As a captain I have won the maximum number of matches for India. This applies to Tests as well as for One dayers. In the game of cricket, while skill is required, luck also plays as a major part. A player makes a double century in the first innings but can be dismissed for 0 in the 2nd innings. If such failures can be taken as indication of his under performance in a match, no player can escape such allegations. This applies to bowlers also. For example, Anil Kumble who holds world record for taking 10 wickets, can totally fail in another match."

157. When CBI commenced enquiries in this case, all the persons examined by the CBI were in such mood, thanks to media and public pressure, to tell the truth and get the feeling of guilt removed from their heart by unburdening themselves. Once that pressure was off and they could take "legal advice" about what they had told the CBI, they found it convenient to deny before me most of the incriminating admissions they made before the CBI.

In this context, it is relevant to mention that most of the admissions, including by Azhar, made before CBI are corroborated by the statements of other connected persons. It is very easy for persons like Azhar to state that CBI uttered falsehood and wrongly wrote their statements. CBI is the premier investigating agency of the country and has received vide approbation from the Supreme Court of India, High Courts, Trial Courts, the Parliament, the people and even from the accused persons themselves, who often admitted that the CBI's investigation against them was fair. In many cases, even the Supreme Court has used appreciative language about the work of CBI. It is no doubt true that CBI has occasionally being criticised for delaying enquiries and investigations and even for prosecuting some cases which have occasionally failed due to the benefit of doubt theory. Yet, in the past five decades, to the best of my knowledge, not a single Court has ever held that a statement recorded by the CBI was falsely recorded or a case was falsely prosecuted. I do not therefore, believe that Azhar has spoken the truth before me when he totally denied before me all the facts that he had set out before the CBI.

158. I have to necessarily distinguish the case of Azhar from the case of others. He has held the post of Captain of the Indian Team for a long period. He has been numero uno in Indian cricket for over a decade. A leader has to lead by example. While this is the modern theory in management, this was well known to our ancestors also as enumerated in the following Shloka in the Bhagwat Gita.
21). yad-yad acharati sresthas tad-tad eve 'taro janah sa yat pramanam kurute lokas tad anvartate

(Whatsoever a great man does, the same is done by others as well. Whatever standard he sets, the world follows).

"Common people imitate the standards set by the elect. Democracy has become confused with disbelief in great men. The Gita points out that great men are the pathmakers who blaze the trail that other men follow. The light generally comes through individuals who are in advance of society. They see the light shining on the mountain heights while their fellows sleep in the valley below. They are, in the words of Jesus, the "salt," the "leaven," the "light" of human communities. When they proclaim the splendour of that light, a few recognize it and slowly the many are persuaded to follow them".

159. This is how the Late Sarvepalli Radhakrishnan interpreted this shloka.

160. A more simplified narration of the principle is the well known maxim which is known to virtually every Indian, though it is in Sanskrit. "Yatha raja thatha praja".

161. An anglicized version is that there are three ways of leading people. One is by example; the second is by example; the third is also by example.

162. It is despite such high status, immeasurable glory and the confidence that the country reposed on Azhar that he behaved as he did in the game which made him rise from a middle-class status in the society to a level of affluence which has enabled him to lead an extremely comfortable life. The most humourous statement I have come across in the present millennium is of Azhar stating before me, "I am staying in a rented house as ........................... I do not have enough money now to buy a flat or house in Hyderabad".

163. My final opinion regarding the role of Azhar in this regard is under:-
i) He had close contacts and nexus with bookies/punters like M.K. Gupta, Ajay Gupta, Gyan Gupta and Ameesh Gupta etc. and was involved in match fixing.
ii) He is guilty of unbecoming conduct and misconduct as a national level player in maintaining such frequent contacts with bookies/punters.
iii) In his case, the misconduct is aggravated, as he was the Captain of the Indian team for long and let down the country and the cricket loving public in a despicable manner.

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