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Cricket Players‘Tribunal rejected ED’s central premise': Lalit Modi reacts after major relief in long-running IPL 2009 FEMA case
Lalit Modi welcomed major relief in the IPL 2009 FEMA case, saying the tribunal rejected the ED's central premise and cleared him of personal wrongdoing.
Former Indian Premier League chairman Lalit Modi has welcomed the Appellate Tribunal’s verdict granting him major relief in the 2009 Foreign Exchange Management Act case linked to the staging of IPL 2 in South Africa.
The Appellate Tribunal under SAFEMA set aside the penalties imposed on Modi in the principal proceedings, ruling that there was no material establishing that he was responsible for the alleged violations. The judgment was delivered on July 16.
The case arose after IPL 2009 was moved from India to South Africa because the tournament clashed with the general election. The proceedings concerned foreign exchange remittances made for staging the competition abroad, allegedly without prior approval from the Reserve Bank of India.
Reacting to the verdict, Modi said the tribunal had rejected the fundamental basis on which the Enforcement Directorate’s case against him had been constructed.
“The Tribunal has rejected the central premise on which the Enforcement Directorate’s case against me had been built. It held that the principal foreign remittances relating to the staging of IPL 2009 in South Africa were current account transactions, not capital account transactions, thereby overturning the foundation of the earlier findings,” Modi said, as quoted by Cricbuzz.
‘I committed no personal wrongdoing’
Modi said the tribunal had also concluded that he was neither responsible for ensuring the BCCI’s compliance with FEMA regulations nor possessed the financial authority attributed to him by the Enforcement Directorate.
“The Tribunal also found that I was neither responsible for BCCI’s statutory FEMA compliance nor vested with the financial authority alleged by the Enforcement Directorate, and it has set aside the penalties imposed on me in the principal proceedings. This marks the conclusion of what has been the single most significant legal matter arising from the 2009 South Africa IPL,” he said.
“For over sixteen years I have consistently maintained one simple position: I acted in good faith, in the best interests of Indian cricket and the IPL, and committed no personal wrongdoing.”
The adjudication proceedings had concluded with an order dated May 31, 2018. Of the 11 show-cause notices issued, penalties were imposed on Modi in six matters, amounting to ₹10.65 crore. Modi subsequently filed six separate appeals before the tribunal.
The tribunal described Modi as the “chief architect behind the organisation and conduct of IPL-2 in South Africa” and noted that the concept of the IPL had been his brainchild.
Modi also reflected on the circumstances behind shifting the 2009 tournament out of India, arguing that the decision was necessary to protect the league’s future.
“The decision to move the tournament to South Africa in 2009 was taken under extraordinary circumstances when India’s general elections made it impossible to host the tournament at home. The successful staging of that season ensured that the IPL survived and ultimately became one of the world’s most valuable sporting properties,” he said.
