MEMORANDUM ON BEHALF OF PETITIONER

HUMBLY SUBMITTED BY THE COUNSEL

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BEFORE THE HONOURABLE HIGH COURT

OF GODAM
Criminal Appellate Jurisdiction

In the matter of,

Section 3, Section 4, of the Prevention of Money
Laundering Act, 2002,
Section 300 of Indian Penal Code 1860, &
Article 226 and Article 227 of the Constitution of
India.

Criminal Appeal No. ______/2016

Appellant

Respondent

Board of Cricket Control

of Godam (B.C.CGo).

State of Godam.
VERSUS

SUBMISSION BEFORE TO
THE HONOURABLE JUDGE AND HIS COMPANION JUDGES
OF THE HONOURABLE HIGH COURT OF GODAM.
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Table of Contents:
Cover Page...................................................................Page No 01
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1. Table of Contents.................................................................................Page No 02
2. List of Abbreviations............................................................................Page No 03
3. Index of Authorities.............................................................................Page No 04
4. Statement of Jurisdiction......................................................................Page No 05
5. Statement of Facts................................................................................Page No 06
6. Statement of Issues...............................................................................Page No 10
7. Arguments Advanced...........................................................................Page No 11
8. The Prayer............................................................................................Page No 17

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List of Abbreviations:

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Sl No.

Abbreviation

Actual Term

01
02
03
04
05
06
07
08
09
10

MK
B.C.CGo
SC
HC
IFC
Cr. Appeal
KR
GPL
ACUT
CAS

Mandeva Kites
Board of Cricket Control of Godam.

Supreme Court.
High Court.
International Federation of Cricket
Criminal Appeal
Kondra Ranges
Godam Premier League
Anti corruption Unit Tribunal
Court of arbitration of Sports

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Index of Authorities:
SL No.

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01
02
03
04
05

Case Title

Daryao and Others v. The state of UP and Others

Janardan Reddy v. The State of Hyderabad
Virsa singh vs. State of Punjab
Rajwant Singh vs. State of Kerala
Dhupa Chamar vs. State of Bihar

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Statement of Jurisdiction:
THE HONOURABLE HIGH COURT IS VESTED WITH JURISDICTION, TO
HEAR THE PRESENT MATTER UNDER ARTICLE 226 AND ARTICLE 227
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OF THE CONSTITUTION OF INDIA.

THE APPELLANT HAS THE HONOUR TO SUBMIT BEFORE THE

HONBLE HIGH COURT OF GODAM, THE MEMORANDUM FOR THE
APPELLANT UNDER THE CRIMINAL APPELLATE JURISDICTION OF
THE HONBLE HIGH COURT. APPELLANT INVOKES JURISDICTION OF
THE HONBLE HIGH COURT UNDER ARTICLE 226 IN CONJUNCTION OF
ARTICLE 227 OF THE CONSTITUTION OF INDIA WHICH IS PARA
MATERIA TO THE LAWS OF GODAM.

THE

PRESENT

MEMORANDUM

SETS

FORTH

THE

FACTS,

CONTENTIONS AND ARGUMENTS IN THE PRESENT CASE.

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Statement of facts:
Godam Premier League (GPL) is going to have its seventh edition where it has
already completed its six editions. GPL is guided by its parental body B.C.CGo 1.
The matches were used to held in the 20-20 format.

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1. Kondra Ranges was one team who was found guilty by the fifth edition. The
team was charged with the charges of match fixing and spot fixing. This team
was owned by Takishi2. Kondra Ranges has won the competition for three times
whereas the team has been to final for five times.
2. If any allegation popped up against Kondra Ranges then it was always subdued
by sufficient explanations from Takishi and hence given clean chit. It wont be
incorrect to say that KR and controversies are alien to one another, but for the
first time allegations were taken seriously and a notice to show cause were
issued against KR and thus banned by IFC to take part in any activity related to
cricket.
3. Xerxese Morennio3 who motivated many business federations to invest into the
game of Cricket. Xerxese and Takishi both were classmates and combined were
working on the task to develop GPL as a cash yielding property of B.C.C.Go
4. With the time when the competition was into its 5th Edition the Chairman for the
last five years Niladris4 was dethroned and Don Makofusa5 came into power.
This news was well accepted by the media and initiated lot of controversies.
5. KR was asked to explain the violation of certain IFCs Anti Corruption Code
Protocols6. KR was banned to take part in the 6th edition of GPL. Apart from it a
penalty of Rs. 60 Crore was needed to be submitted within the next four
months. To everyones surprise KR submitted the penalty within a month.
According to everyones surprise KR came up with a press release withdrawing
all its contention from GPL and declared dissolution. Takishi was banned to
take part in any activity of GPL but his company was continued as an official
sponsor of the national team.

Board of Cricket Control of Godam.

Owner of Pace Airways. This company is also the official partner of the competition.
3
Commissioner of GPL and business development manager of B.C.C.Go
4
Father-in-law of Takishi.
5
First Cousin of Takishi.
6
Certain players were involved in bypassing security measures on and off the grounds, skipping WADA
check-ups and giving abrupt statements to media.
2

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6. In place of KR a new team was formed as MK7 with eight players from KR
team including the captain of KR. The majority share was hold by Tutis Olanga8
and other major share holders were the sweat equity9 share holders, i.e. Zia
Kuriet10, Kaifi Shaik11 and Gogo Morennio12.
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7. In the 6th edition, MK lost the semi final by 95 runs and controversies arose
stating some malpractice of the players. To which MK answered that the club is
a new entity, with new constitution, and a different governing bodies so liability
of KR should not be imposed on MK.
8. To give GPL a good platform Xerxese Morennio selected Peter Woodford, a
bad boy, charged with allegations of ill discipline as well as corruption, as coach
of KR in its 5th edition which was highly criticised by the media. Xerxese
Morennio in reply said that GPL should be fortunate to have Peter as all the
charges were just put on and never proved to be correct.
9. With the formulation of MK, shocking news came stating the death of Peter
Woodford. Before his death he made several calls to his relatives including Zia
Kuriet and Xerxese. His body was found in his hotel room with some expensive
goods. To its report after investigation, a report stated, The murder never
happened the main reason why the murderer had not been arrested was that
there has been no murder. Suggestions regarded to his death were as he had
asthma attack, whereas some suggested the provision of suicide.
10. One another incident happened to which, two players of MK, Hank Jefferson
and Liam Jackson were found guilty of match-fixing and spot-fixing. To which
IFC wanted a detailed report, upon which, B.C.CGo ordered the management of
MK to show cause as to why the players got involved. MK submitted the
resignation of these two players and stated the same as their way of showing
protest against dishonesty. B.C.CGo appreciated this action. The players filled
an appeal with the Anti-corruption Unit Tribunal of IFC challenging the activity
of the club.
11. An article published by Altaf Aslam13, stated that the two were guilty. Despite
of being guilty, the two confessed to him stating about the three categories of
players14, to which they both are from Cat.3. They also confessed that
7

Mandeva Kites.
Step son of IFC Chief Putul Tutis Olanga.
9
Shares were given at discount.
10
Wife of Rajgopala, a member of parliament and a renowned politician.
11
Owner of Betshet, a betting portal incorporated in Netherlands where betting is legal.
12
The cousin of Xerxes Morennio, the GPL Commissioner.
13
Revealed himself to be a very good friend of Peter Woodford.
14
Cat.1 foreign players, Cat.2 Players from the country to national team, Cat.3 Players selected from
state or club team.
8

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everybody including B.C.CGo and the commissioner of GPL15, were the part of
this misendeavour.
12. This report was published, and hence to this Rajgopala was compelled to resign
from the Ministry of Information Broad Casting. But B.C.CGo denied the entire
allegation as baseless and more of publicity stunt. And B.C.CGo stated a
detailed investigation has already been done upon Peter Woodfords incident

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13. Upon the confession of Hank and Liam, B.C.CGo gave vague and selfcontradictory statements, whereas IFC restricted MK to take part in any world
event. This was challenged at ACUT16. Here at ACUT both the issues of the
suspended players and restrictions imposed on MK together.
14. B.C.CGo held a press release, along with Xerxese was suspended by B.C.CGo
and a complaint was filed in the Enforcement Directorate17 due to a multi
million deal between Megha sports and FSL regarding TV rights on GPL worth
Rs. 600 crore in 2010. This was once appreciated but now as a thorn in their
flesh.
15. ED in the year 2012 filed the case at the session court against Xerxese claiming
lots of money involvement from underworld.
16. Altaf Aslam filled a PIL18, upon which the court directed B.C.CGo to look into
the matter within a specified time period. IFC also made a declaration by an
ordinance rendering the authority of B.C.CGo under question, taking all the
proceedings and submit a detailed report within specific period of time.
17. B.C.CGo constitute a committee of eleven members consisted of BOD of
B.C.CGo and empires, and formed a report which was submitted to SC and IFC.
18. IFC gave a clean cheat to B.C.CGo but SC rejected stated instances of
misendeavor. And SC criticised IFC action to accept the report without any
ability to raise any question.
19. Committee report 119.

15

Xerxese Morennio.
Anti corruption Unit Tribunal of IFC.
17
Under Section 4 of PMLA.
18
In the Honble Supreme Court of Godam.
19
Report states:
1. Hank and Liam were guilty of match-fixing and spot-fixing.
2. No evidence of involvement of B.C.CGo, Xerxese or against allegation rose.
3. There was involvement of KR in corruption, the previous decision of B.C.CGo was justified.
4. The decision in the suspicious death of Peter Woodford remains intact.
16

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20. Another PIL was filed by Czar Leh20, challenging the findings of Committee
report 1. Before filing this PIL, IFC also faced election and Niladris became the
chairman of IFC. SC was convinced that Committee 1 was influenced thus
directed B.C.CGo to conduct a fresh enquiry and no BOD member shall be a
part of the committee.
21. Committee Report 221. This was criticised and B.C.C.Gos action and
incompetency to file a consolidated report was criticised. SC passed an order
and directed CAI to investigate the matter and to file the charge-sheet within
one month. CAI filled the same in the special court.
22. Accusations were imposed on Xerxese, B.C.C.Go and the three sweat equity
owners of MK with charges of corruption, murder, match fixing, spot fixing,
and other offences in other appropriate laws that deemed fit. CAI made
inferences that certain important documents were missing and it was nobodys
fault but B.C.C.Go
23. B.C.CGo was booked for the first time as a party with reasons stating B.C.CGo
as responsible for all the incompetent reports and that it was trying to hide all
the wrong happenings of the game.
24. In CAI Court accused parties were convicted and the matter went in appeal to
the Honble High Court. In the same CAI Court there is one another case
pending where B.C.CGo and Xerxese were charged with corruption over which
hearing on sentence was pending. The court stated that no hearing can be done
as the fact of the case is dependent on the judgement of Honble High Court of
Godam.
25. The case is so submitted at the Honble High Court of Godam wherein addition
the matter referred by IFC has also been added, and hence the submission is
submitted following the procedures of Honble High Court of Godam.

5. Upon transfer of liability the report was silent summarising the enquiry COM 1 gave clean chit to all
the accused.
20
Empire working for IFC, but a resident of Godam.
21
Report states:
1. Summary of the report was similar to Committee report 1, that is all the accused were given clean
chit. But in this report it was stated that many important documents and testimonies of the people relating
to the case went missing, which would have solely incriminated the accused.
2. Xerxese was uncooperative throughout the inquiry.
3. Although no conclusive proof with respect to the allegations against the accused are there but it can be
prima facie seen that some discrepancy was there which indicated towards the raised allegations.
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Statement of Issues:

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I.

Whether the court has the jurisdiction to entertain and try this petition?

II.

Whether B.C.CGo can be convicted under charges of mens rea under the
laws of Godam?
a. Whether B.C.CGo can be charged for the murder of Peter Woodford?
b. Whether B.C.CGo can be charged for the practise of spot fixing and
match fixing?

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Arguments advanced:
I.
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Whether the court has the jurisdiction to entertain and try this petition?

The counsel on behalf of the appellant would humbly submit that the jurisdiction what
appellant is trying to invoke is quite compatible with the procedures of the
Honble High Court of Godam.
On supporting the statement the counsel would like to rely on the Article 226 of The
Indian Constitution which provides a platform to file a writ at the High Court,
accordingly the counsel would like to imply the writ petition of habeas corpus.
The counsel would like to rely on the case Daryao and Others v. The state of UP and
Others22 where the issue of maintainability was arose and accordingly the court held
that the scope of writs, orders, directions which the High Court can issue in appropriate
cases under Article 226 is concurrent and can be exercised at any type of case.
Accordingly while discussing one another case, Janardan Reddy v. The State of
Hyderabad23 the Honble High Court held that a similar application under Article 226
can be necessarily considered and since the following case can be maintainable at the
court.
The Counsel would humbly request the court to maintain the submitted case at the
Honble High Court of Godam under Article 226 which compiled with Article 227 of
The Constitution of India.

22
23

1961 AIR 1457, 1962 SCR (1) 574

1953 SCR 154 (2) 1951 SCR 344,370
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II.

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Whether B.C.CGo can be convicted under charges of mens rea under the
laws of Godam?

There must be an intention to do some act before a person can be guilty of crime.
Mens rea is the essential element towards the commencement of crime, the act itself
does not make a man guilty unless his intention was to commit a crime. Mens rea
being an important ingredient of the act no offence can be committed in case there
is absence of mens rea. Actus non facit reum nisi mens sit rea means a wrongful act.
Mens rea means a wrongful intention. The facts shows that B.C.C.Go took every
possible and reasonable steps whenever the situation arise, during the 5th edition of
the GPL when the issue of match fixing and spot fixing came up against the Kondra
Ranges, B.C.C.Go held them liable to pay the penalty of 60 crore as a fine and even
the team was suspended to take part in any of the activities related to cricket, in the
future aspect. After all these during the 6th edition of the GPL the management of
Mandeva Kites were asked for the show cause that why their players were involved
in illegal activities like spot fixing and match fixing.
On the order of the Supreme Court a committee was formed and submitted a detail
report of such inquiry before the Supreme Court and IFC, within the specified time
period. There can be no proof which shows that the appellant has guilty intentions.
The facts of the present case shows that B.C.C.Go was always in believe that the
GPL is of a good portfolio and accordingly he always supported to make it a
success keeping everything in transparency. He also conducted the investigation
which was directed in the proper way but still allegations were arose with the
charges of baseless activities for my client.

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(i) Whether B.C.C.Go can be charged for the murder of Peter Woodford?
B.C.C.Go should not be convicted for the murder of Peter Woodford as there was no
Page | 13 direct relation found in respect of the death of Peter Woodford with the B.C.C.Go, and

even there was no conclusive proof regarding the same. The facts also state that it
cannot be regarded as murder because there was no one who could be suspected for the
murder. Also it must be kept in mind that there was no injury of any kind on the body
of the Peter Woodford, and according to Indian Penal Code, section 300(ii) the act must
be done with the intention of causing such bodily injury as the offender knows to be
likely to cause the death of the person to whom such injury is caused. This ingredient is
missing from the facts of the present case, so the act cannot be called as murder. And
even the murderer was not arrested, hence, the death was considered as the natural
death. No act from the side of B.C.C.Go is found to be the reason of the death Peter
Woodford. Peter Woodford was not found with any damage on his body. In the case
Virsa singh vs. State of Punjab24, the High court held that, the third clause of section
300 of IPC did not apply as it was not proved that accused intended to inflict a bodily
injury that was sufficient to cause death in ordinary course of nature, the prosecution
must prove the ingredients of section 300 in order to come under this section. The
appellant of the case was held to be innocent. Following the same, the counsel on
behalf of appellant would like to submit that the B.C.C.Go should also be declared as
innocent. No intention is found here, for B.C.C.Go to kill Peter Woodford, and also
there was absence of bodily injury of any kind. After the judgement in Virsa Singh
Case this situation becomes very clear that determining the intention is very important,
for the facts to fall under this section. Court while determining the required intention
give due caution to the circumstances in which the intent occurred. In the case Rajwant
Singh vs. State of Kerala25 the court observed that once the four elements are applied
then only the offender, under section 300 of IPC can be convicted.
In another case Dhupa Chamar vs. State of Bihar26 it dealt with the intention part of the
section, it says that there is a requirement of intention for applicability of this section.
In this case, the lordship had discussed almost all appropriate authorities and above
24

AIR 1958 SC 465

Criminal Appeal No 102 of 1965.
26
Criminal Appeal No 1087 of 2000.
25

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mentioned cases in this regard. In this case it was argued that the intention that the
section requires must be related, not only to the bodily injury inflicted, but also to the
clause, and the bodily injury intended to be inflicted is sufficient in the ordinary course
of nature to cause death? Court totally disagreed with such an argument. It clearly laid
Page | 14

down that if a bodily injury is sufficient to cause death in ordinary course of nature
even if there was no intention of the accused to cause death that would amount to
murder. The ingredient intention under section 300 of IPC is very important and it
gives a clue in the given case whether offence involved is murder or not. Supreme
Court also discussed the intent element required for this section in great detail. The
argument that the prosecution must prove, an intention to inflict only that kind of injury
that was sufficient to cause death in ordinary course of nature was found to be
fallacious by the court. Meaning thereby the intention that the section requires must be
related, not only to the bodily injury but the injury of such nature which is likely to
cause death in the ordinary course of nature. There must be intention alone with the
bodily injury of such nature which is sufficient to cause death of a person.
Here the facts of the present case do not fulfil either of the elements, under section 300
of IPC, and hence, it is proved that B.C.C.Go had no intention to murder Peter
Woodford.

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(ii) Whether B.C.C.Go can be charged for the practice of Spot-fixing and Match
fixing?
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B.C.C.Go cannot be convicted for the offence of match fixing because B.C.C.Go is the
parent body of the GPL and it works in the good faith of the GPL and its members. It
works properly and in the justified manner, whenever the allegations are raised against
Kondra Ranges B.C.C.Go took the appropriate actions, all the allegations were taken
seriously and clean chit was awarded to Kondra Ranges only after the sufficient
explanation given by Takishi.
During the 5th edition when KR was found guilty of match fixing and spot fixing
B.C.C.Go took the strict actions, a notice was issued to KR by B.C.C.Go to show
cause, they were also asked to explained to the violation of certin IFCs Anti
Corruption Code Protocols, even the team, Kondra Ranges was banned by IFC to take
part in any future event related to cricket and also they were not allowed to take part in
the 6th edition of GPL, apart from it a penalty of 60 crore was imposed on the team, as a
fine.
Even later, when B.C.C.Go was authorised to conduct a board to proceed with the
inquiry in respect of the matter related to match fixing and spot fixing, upon the
direction of IFC B.C.C.Go ordered management of Mandeva Kites to show cause the
that why they player of Mandeva Kites were involved in the illegal activities like match
fixing or spot fixing. As a result of this, the resignation of two players, who were
involved in those matters, was submitted.
B.C.C.Go also made a declaration in a press release , to appoint a commission in
association with IFC to investigate the scams that were going around. Xerxese was
involved in multi million deal, he was also suspended by B.C.C.Go, and also his
complained was made in the Enforcement Directorate.
An order was passed by the supreme court to the B.C.C.Go, directing for B.C.C.Go to
look into the matter and submit a detailed report within the specified period of time,
after which in accordance with the direction of the Supreme Court, B.C.C.Go formed a
committee of 11 members for the same purpose, as directed , and the report was
submitted before the supreme court and IFC. The Supreme Court did not found the
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report to be appropriate so, B.C.C.Go was ordered to form a fresh committee and to
submit a new report, the appleant followed the given direction and submits the another
report.
Page | 16 Hence, B.C.C,Go performed its part in a justified manner and they cannot be held liable

for the practice of match fixing and spot fixing.

The counsel on behalf of appellant would like to support the argument stated above
with the following report and cases. Strange it would sound that match fixing has not
been defined in any law. The only place where one can look into the definition of match
fixing comes from CBI report on Match Fixing allegations. While inquiring into the
matter CBI defined Match Fixing.27
Does not match any of the sub clause with the activity of B.C.C.Go further while
dealing with the case of Ankeet Chavan and Ashok Chandila the Delhi High Court
stated that match fixing and spot fixing can be validated only if the Section 41528 and
Section 420 of IPC gets validated. Neither the ingredients of section 415 and nor the
ingredients of section 420 match with the present situation, therefore B.C.C.Go should
not be held liable for Match Fixing and Spot Fixing.
Section 2.1 of the Anti corruption act says about corruption whereas the Section 2.1.1
reveals about the definition of the fixing in the cricket matches but any of the provision
of this section cannot support to explain that the BCCGo can be held liable for match
fixing or spot fixing.

27

(i) instances where an individual player or group of players received money individually/collectively
to underperform.
(ii) instances where a player placed bets in matches in which he played that would naturally undermine
his performance.
(iii) instances where players passed on information to a betting syndicate bout team composition,
probable result, pitch condition, weather, etc.,
(iv)instances where ground men were given money to prepare a pitch in a way which suited the betting
syndicate.
(v) instances of current and ex-players being used by bookies to gain access to Indian and foreign player
to influence their performance for a monetary consideration.
28
(i) The accused must have induced fraudulently or dishonestly a person..
ii) A dishonest concealment of facts is also treated as cheating.
(iii) If the person deceived, must be intentionally induced by the wrong-doer to do or omit if such
deceived person was not so deceived
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Prayer:
Where from, in the light of the issues raised, arguments advanced, reason given and the
Page | 17

authorities cited, the counsel on behalf of the appellant humbly prays before the
Honble High Court of Godam may be please to graciously consider:
1. To the plea so submitted is maintainable and should not be reject the plea.
2. To not to consider B.C.C.Go liable for the murder of Peter Woodford
3. To not to consider B.C.C.Go liable for spot-fixing and Match-fixing
4. To pass any other orders as the court may deem fit.

Most respectfully and humbly submitted

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