The Supreme Court of India today removed BCCI President Anurag Thakur and secretary Ajay Shirke from the top cricket body in the country. Both cricket administrators were removed for not complying with the court orders in the last six months. SC has now decided to replace the top brass of BCCI with a panel of administrators. The names would be reportedly decided on January 19.
The apex court also issued show cause notices to Thakur and Shirke, asking as to why contempt and “perjury” proceedings be not initiated against them. The apex said that it “prima-facie”‘ believes that the BCCI case is a case of “perjury”. The court even warned that it is not sure if it would accept an apology and let Thakur & co escape the perjury proceedings. Thakur has been accused of filing a false affidavit under oath. However, the top court has reserved its order for now and asked the BCCI to submit relevant documents to avoid perjury.
Here are what perjury means and what perjury proceedings entail:
In simple words, perjury amounts to wilfully telling a lie to the court or making a misrepresentation after promising not to lie under oath.
- Section 191 of the Indian Penal Code defines perjury as “giving false evidence.” “Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence,” it explains.
- The court can consider a statement lie if it is made verbally or otherwise. The court also considers it a lie if someone gives a false evidence by stating that he believes a thing which he does not believe or if he claims he knows a thing which he does not know.
Punishment for perjury
- Section 193 of IPC has provisions for punishment for committing the perjury offence. It says that a person can face jail term, that may extend up to seven years and shall also be liable to fine, if s/he “intentionally” gives false evidence in any stage of a judicial proceeding. This also fabricating false evidence to use it at any stage of a judicial proceeding
- A person who intentionally gives or fabricates false evidence in any other case shall be punished with imprisonment can be sent to jail for up to three years, and s/he will also be liable to fine.
On the day when the court had dismissed BCCI’s curative petition against order to implement the Lodha panel reforms, SC said it planned to ‘proceed to prosecute him (Thakur)’ for perjury for saying false statements in front of the court on oath and warned that ‘once it pronounces its order, the BCCI chief will have nowhere to go except jail’.
Chief Justice of India TS Thakur had raised the perjury issue against Thakur during a previous hearing in December also. “You had no occasion to approach Manohar. Where was the occasion to raise the issue once we had pronounced on this. This amounts to perjury.” This came after Thakur said that he had only asked ICC chairman Shashank Manohar his stance on the issue.
(With agency inputs)