Former IPL chief Lalit Modi's counsel claimed that the Disciplinary Committee formed to probe alleged financial irregularities by his client in running the T20 league has no mandate of BCCI General Body and the hearings before the panel should be stopped.
Modi's lawyer Mehmood Abdi said that the BCCI has done a "hit wicket" as it has forgotten to re-constitute the Disciplinary Committee for the year 2010-2011 in its annual GBM in September.
"We are in a peculiar situation as of today. As per 1(Q) of BCCI by-laws various committees have to freshly be constituted. In its AGM, they did not form a fresh disciplinary committee," Abdi said.
"As for us, therefore, there is no disciplinary committee in existence as this panel does not enjoy the mandate of the GBM as required by BCCI constitution. There was no reconstitution, re-nomination or formation of the disciplinary body," he said.
"The existing committee has asked BCCI to clarify the position and the BCCI counsel has promised to comply with it by Tuesday," he added.
Abdi said the members of the Disciplinary Committee were aware of this factual position since September 29, 2010 as they were all present in the Annual General Body Meeting held on that date.
"Members of the committee should not have proceeded in the matter and should have disclosed this fact to us earlier," Abdi said, adding that the conduct of the BCCI was unfair and has caused serious prejudice to Modi.
"We have raised the matter with (Arun) Jaitley and Jyotiraditya Scindia and they have passed on the message to BCCI. We have been assured a reply by Tuesday."
Abdi asserted that his client was not a fugitive and was not returning to the country because of death threats.
"Modi is presently in London and is in contact with all concerned authorities. Competent people have advised him not to return to India as there is eminent threat to his life," he said.
"He is not a fugitive. His whereabouts are known to all," he said.