You might have noticed this headline in many newspapers and channels few days ago…. ‘’Massive protests in Delhi demand resignation of CP Neeraj Kumar’’! The commissioner of police of Delhi was in unenviable position as the rate of crime in Delhi shoot up alarmingly compelling the citizen comes out in open in streets. The pressure of removal or transfer was huge and the Govt was reluctant to act as it will tantamount to admission of rise of crime.
In those days , Mr Neeraj Kumar faced media under immense pressure and within a month he comes before the same media new avatar like detective Sherlock Holmes of Sir Arthur Conan Doyle, unraveling various dramas behind spot fixing done by bookies and some IPL players including well known player Sreesanth. It has been alleged that these players colluded with bookies to fix the over in three matches.
I am not going to defend any player involved in the alleged spot fixing here but want to highlight being a legal student how these kinds of cases are being handled to switch the table to other side so that they get away with present crisis.
Still not clear under what provision of law these players and bookies are charged but times of india quoting different news agencies reported in following words ‘’ The cricketers and bookies have been charged under sections 420 (cheating) and 120B (criminal conspiracy) of the Indian Penal Code and are being flown in to Delhi for further questioning’’ So we presume that report is correct.
Let us go through section 420 of IPC it reads ‘’ Cheating and dishonestly inducing delivery of property.– Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Of fraudulent deeds and dispositions of property’’
So the crux of the section is dishonest intention is essential to attract the provision and the person deceived must deliver any property, the property denotes the money or document or any other valuable consideration.
Take the case of Sreesanth , as per police ; Sreesanth has not taken money but middleman has taken the money on his behalf …. First defense for him ‘’ no undue advantage ‘’
Next point comes where is the dishonest intention? Keeping the towel or kissing the locket?
To cheat whom?
Is there any agreement he has signed with Rajasthan Royals that he will not concede more than 10 runs in a over? Or does he induces the captain to give him the over claiming that I will bowl a maiden over ? was the spectator came to watch with promise by Sreesanth that he will not concede more than specified runs in an over? If you go by body language of each player in each game you will end up in each spot fixing in each ball.
Indian premier league is nothing but business in the name of cricket. The players might have cheated themselves by putting their future at risk for poultry currency bundles. Otherwise nobody lost and nobody gains, apart from few bookies and their co- entrepreneurs. Betting in the name everything under the sky is split wide open in the corridors of power to gullies in major cities.
This case is an eye wash and is built up on shabby evidence with an ulterior intention to get some maximum TRP to Commissioner of police, now he knows no one will ask for his head till next rape occurs in Delhi.