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Cricket PlayersRahul Johri Probe: BCCI CoA in a ‘legal’ fix due to absence of face behind accusation
Speaking to Hindustan Times, a source in the know of developments said that while Johri had submitted his reply, the CoA now has its task cut-out in the matter as there is no identity behind the accusation levied against Johri on social media.
The lack of a witness in the sexual harassment allegation levied against the Board of Control for Cricket in India (BCCI) CEO Rahul Johri has put the Supreme Court-appointed Committee of Administrators (CoA) in a legal fix. The CoA had on last Saturday sought an explanation from Johri after he was accused of sexual harassment in a Twitter post, as part of the ongoing #MeToo movement. He was given a week’s time by the CoA to file his reply. But the absence of a face it seems is making the job tough for the committee.
Speaking to Hindustan Times, a source in the know of developments said: “You have to understand the legal position of the whole matter. While there is no doubt that an anonymous mail was sent to an individual who then posted it on social media — author Harnidh Kaur. The user then went ahead and requested the media to not use the post she had published. So, even though Johri has submitted his reply, who does the CoA call to check the other side of the story? Hypothetically speaking, even if Johri is lying, who stands on the other end to provide evidence against him?
“The CoA cannot punish him just because of an anonymous tweet that was then followed with a request that the tweet should not be used as a reference point by the media. If Johri is punished just on the basis of an anonymous screenshot, it will set a wrong precedent. Even if one person had come out and defended the anonymous tweet, things would have been different. In all the other cases in the movement, you have a face behind the accusation. But not in Johri’s case,” the source added.
Some of the senior BCCI officials are not too pleased with the turn of events. They feel that the image of the board is taking a beating in the whole issue.
“It was clear about 2-3 days back that the CoA chairman was already predisposed to exonerating Johri since he is his Man-Friday so to speak. The other member of the CoA has been reduced to insignificance in any case. In the case of Mohammed Shami, when accusations were levied against him and a Pakistani girl, then ACU chief Neeraj Kumar had been asked by the CoA to investigate the matter within a week and he did that. He had recorded the statement of that girl as well despite the fact that she was in Pakistan. He had tracked her down.
“In this case, everything was left to Johri to do as he deemed fit. These are serious allegations and the CoA has just demonstrated a token attention to it. It is like asking an offender whether he committed murder and then acquitting him purely on his denial without any independent investigation. This conduct has raised very serious questions on their intent and reinforces the belief that earlier allegations of sexual harassment within the BCCI were hushed up by the CoA instead of referring the said matter to the Local Complaints Committee. This conduct will only help in making the workplace more hostile for the employees,” a skeptical BCCI official told the Hindustan Times.
Another BCCI official said that he would be interested in knowing the procedure that was followed in the whole investigation as there has been no action from the CEO either against the person who tweeted the screenshot of the mail from the accused on Twitter.
“This is a strange situation and if what you say is true, we have the powers that be aiding and abetting with someone accused of a serious crime. It is not enough to say that the person did not come forward in the last week. An independent effort should have been made to ascertain the truthfulness of the allegation. If Johri is wronged then he should have taken action against the person who tweeted. The only reason one can imagine why he would not have done so is that he would have been worried about something being discovered pursuant to that action.
“The COA cannot be seen to be partisan in a matter as serious as this as this would make them look like accomplices in the cover up. I would be very keen to know the procedure that has been followed in this matter. The way this has been handled needs very serious investigation now. The board members and the stakeholders cannot be taken for a ride by them.”
The CoA had on October 13 informed the media that Johri had been given a week’s time to submit a reply against the allegation of sexual harassment. “There are certain media reports today, including in the social media, pertaining to Mr. Rahul Johri, CEO BCCI. The reports disclose allegations of sexual harassment made against Mr. Johri, by an unnamed person through a twitter handle. The allegations also relates to his previous employment with a large media house. The allegations have appeared as a part of the “me too” movement.
“Though, the said allegations do not pertain to his employment with the BCCI, the Committee of Administrators of the BCCI has deemed it appropriate to seek an explanation from Mr Johri in relation to the allegations. He has been asked to submit his explanation within a week. Future course of action will be considered on receipt of his explanation,” it read.
Interestingly, Johri was forced to pull out of the recent ICC meeting in Singapore after the CoA turned down his request for more time to explain the charges levied against him. While BCCI acting secretary Amitabh Chaudhary represented the board at the meeting, some board officials have made no bones about the fact that Johri should have been suspended pending enquiry. While Johri has been on leave after the incident came to light, it has been clarified by the board that the leave was sanctioned much earlier as the CEO had some personal work.
