MEMORANDUM ON BEHALF OF RESPONDENT

HUMBLY SUBMITTED BY THE COUNSEL

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BEFORE THE HONOURABLE HIGH COURT

OF GODAM
Criminal Original Jurisdiction

In the matter of,

Section 3, Section 4, of the Prevention of Money
Laundering Act, 2002,
Section 300 of Indian Penal Code 1860, &
Article 226 and Article 227 of the Constitution of
India.

Criminal Appeal No. ______/2016

Appellant

Respondent

Board of Cricket Control

of Godam (B.C.C.Go).

State of Godam.
VERSUS

SUBMISSION BEFORE TO
THE HONOURABLE JUDGE AND HIS COMPANION JUDGES
OF THE HONOURABLE HIGH COURT OF GODAM.
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Table of Contents:

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Cover Page...............................................................................Page No 01
1. Table of Contents.................................................................................Page No 02
2. List of Abbreviations............................................................................Page No 03
3. Index of Authorities.............................................................................Page No 04
4. Statement of Jurisdiction......................................................................Page No 05
5. Statement of Facts................................................................................Page No 06
6. Statement of Issues...............................................................................Page No 10
7. Arguments Advanced...........................................................................Page No 11
8. The Prayer............................................................................................Page No 17

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List of Abbreviations:

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Sl No.

01
02
03
04
05
06
07
08
09
10

Abbreviation

Actual Term

MK
B.C.CGo
SC
HC
IFC
Cr. Appeal
KR
GPL
ACUT
CAS

Mandeva Kites
Board of Cricket Control of Godam.

Supreme Court.
High Court.
International Federation of Cricket
Criminal Appeal
Kondra Ranges
Godam Premier League
Anti corruption Unit Tribunal
Court of arbitration of Sports

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Index of Authorities:

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SL No.

01
02

Case Title

Sunita Kumari Kashyap v. State of Bihar

Sujata Mukherjee v. Prashant Kumar Mukherjee

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Statement of Jurisdiction:
THE HONOURABLE HIGH COURT IS VESTED WITH JURISDICTION, TO
HEAR THE PRESENT MATTER UNDER ARTICLE 226 AND ARTICLE 227
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OF THE CONSTITUTION OF INDIA.

THE RESPONDENT HAS THE HONOUR TO SUBMIT BEFORE THE

HONBLE HIGH COURT OF GODAM, THE MEMORANDUM FOR THE
RESPONDENT UNDER THE CRIMINAL ORIGINAL JURISDICTION OF
THE HONBLE HIGH COURT. APPELLANT INVOKES JURISDICTION OF
THE HONBLE HIGH COURT UNDER ARTICLE 226 IN CONJUNCTION OF
ARTICLE 227 OF THE CONSTITUTION OF INDIA WHICH IS PARA
MATERIA TO THE LAWS OF GODAM.

THE

PRESENT

MEMORANDUM

SETS

FORTH

THE

FACTS,

CONTENTIONS AND ARGUMENTS IN THE PRESENT CASE.

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Statement of facts:
Godam Premier League (GPL) is going to have its seventh edition where it has
already completed its six editions. GPL is guided by its parental body B.C.CGo 1.
The matches were used to held in the 20-20 format.

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1. Kondra Ranges was one team who was found guilty by the fifth edition. The
team was charged with the charges of match fixing and spot fixing. This team
was owned by Takishi2. Kondra Ranges has won the competition for three times
whereas the team has been to final for five times.
2. If any allegation popped up against Kondra Ranges then it was always subdued
by sufficient explanations from Takishi and hence given clean chit. It wont be
incorrect to say that KR and controversies are alien to one another, but for the
first time allegations were taken seriously and a notice to show cause were
issued against KR and thus banned by IFC to take part in any activity related to
cricket.
3. Xerxese Morennio3 who motivated many business federations to invest into the
game of Cricket. Xerxese and Takishi both were classmates and combined were
working on the task to develop GPL as a cash yielding property of B.C.CGo.
4. With the time when the competition was into its 5th Edition the Chairman for the
last five years Niladris4 was dethroned and Don Makofusa5 came into power.
This news was well accepted by the media and initiated lot of controversies.
5. KR was asked to explain the violation of certain IFCs Anti Corruption Code
Protocols6. KR was banned to take part in the 6th edition of GPL. Apart from it a
penalty of Rs. 60 Crore was needed to be submitted within the next four
months. To everyones surprise KR submitted the penalty within a month.
According to everyones surprise KR came up with a press release withdrawing
all its contention from GPL and declared dissolution. Takishi was banned to
take part in any activity of GPL but his company was continued as an official
sponsor of the national team.

Board of Cricket Control of Godam.

Owner of Pace Airways. This company is also the official partner of the competition.
3
Commissioner of GPL and business development manager of B.C.CGo.
4
Father-in-law of Takishi.
5
First Cousin of Takishi.
6
Certain players were involved in bypassing security measures on and off the grounds, skipping WADA
check-ups and giving abrupt statements to media.
2

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6. In place of KR a new team was formed as MK7 with eight players from KR
team including the captain of KR. The majority share was hold by Tutis Olanga8
and other major share holders were the sweat equity9 share holders, i.e. Zia
Kuriet10, Kaifi Shaik11 and Gogo Morennio12.
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7. In the 6th edition, MK lost the semi final by 95 runs and controversies arose
stating some malpractice of the players. To which MK answered that the club is
a new entity, with new constitution, and a different governing bodies so liability
of KR should not be imposed on MK.
8. To give GPL a good platform Xerxese Morennio selected Peter Woodford, a
bad boy, charged with allegations of ill discipline as well as corruption, as coach
of KR in its 5th edition which was highly criticised by the media. Xerxese
Morennio in reply said that GPL should be fortunate to have Peter as all the
charges were just put on and never proved to be correct.
9. With the formulation of MK, shocking news came stating the death of Peter
Woodford. Before his death he made several calls to his relatives including Zia
Kuriet and Xerxese. His body was found in his hotel room with some expensive
goods. To its report after investigation, a report stated, The murder never
happened the main reason why the murderer had not been arrested was that
there has been no murder. Suggestions regarded to his death were as he had
asthma attack, whereas some suggested the provision of suicide.
10. One another incident happened to which, two players of MK, Hank Jefferson
and Liam Jackson were found guilty of match-fixing and spot-fixing. To which
IFC wanted a detailed report, upon which, B.C.CGo ordered the management of
MK to show cause as to why the players got involved. MK submitted the
resignation of these two players and stated the same as their way of showing
protest against dishonesty. B.C.CGo appreciated this action. The players filled
an appeal with the Anti-corruption Unit Tribunal of IFC challenging the activity
of the club.
11. An article published by Altaf Aslam13, stated that the two were guilty. Despite
of being guilty, the two confessed to him stating about the three categories of
players14, to which they both are from Cat.3. They also confessed that
7

Mandeva Kites.
Step son of IFC Chief Putul Tutis Olanga.
9
Shares were given at discount.
10
Wife of Rajgopala, a member of parliament and a renowned politician.
11
Owner of Betshet, a betting portal incorporated in Netherlands where betting is legal.
12
The cousin of Xerxes Morennio, the GPL Commissioner.
13
Revealed himself to be a very good friend of Peter Woodford.
14
Cat.1 foreign players, Cat.2 Players from the country to national team, Cat.3 Players selected from
state or club team.
8

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everybody including B.C.CGo and the commissioner of GPL15, were the part of
this misendeavour.
12. This report was published, and hence to this Rajgopala was compelled to resign
from the Ministry of Information Broad Casting. But B.C.CGo denied the entire
allegation as baseless and more of publicity stunt. And B.C.CGo stated a
detailed investigation has already been done upon Peter Woodfords incident

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13. Upon the confession of Hank and Liam, B.C.CGo gave vague and selfcontradictory statements, whereas IFC restricted MK to take part in any world
event. This was challenged at ACUT16. Here at ACUT both the issues of the
suspended players and restrictions imposed on MK together.
14. B.C.CGo held a press release, along with Xerxese was suspended by B.C.CGo
and a complaint was filed in the Enforcement Directorate17 due to a multi
million deal between Megha sports and FSL regarding T V rights on GPL worth
Rs. 600 crore in 2010. This was once appreciated but now as a thorn in their
flesh.
15. ED in the year 2012 filed the case at the session court against Xerxese claiming
lots of money involvement from underworld.
16. Altaf Aslam filled a PIL18, upon which the court directed B.C.CGo to look into
the matter within a specified time period. IFC also made a declaration by an
ordinance rendering the authority of B.C.CGo under question, taking all the
proceedings and submit a detailed report within specific period of time.
17. B.C.CGo constitute a committee of eleven members consisted of BOD of
B.C.CGo and empires, and formed a report which was submitted to SC and IFC.
18. IFC gave a clean cheat to B.C.CGo but SC rejected stated instances of
misendeavor. And SC criticised IFC action to accept the report without any
ability to raise any question.
19. Committee report 119.

15

Xerxese Morennio.
Anti corruption Unit Tribunal of IFC.
17
Under Section 4 of PMLA.
18
In the Honble Supreme Court of Godam.
19
Report states:
1. Hank and Liam were guilty of match-fixing and spot-fixing.
2. No evidence of involvement of B.C.CGo, Xerxese or against allegation rose.
3. There was involvement of KR in corruption, the previous decision of B.C.CGo was justified.
4. The decision in the suspicious death of Peter Woodford remains intact.
16

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20. Another PIL was filed by Czar Leh20, challenging the findings of Committee
report 1. Before filing this PIL, IFC also faced election and Niladris became the
chairman of IFC. SC was convinced that Committee 1 was influenced thus
directed B.C.CGo to conduct a fresh enquiry and no BOD member shall be a
part of the committee.
21. Committee Report 221. This was criticised and B.C.CGos action and
incompetency to file a consolidated report was criticised. SC passed an order
and directed CAI to investigate the matter and to file the charge-sheet within
one month. CAI filled the same in the special court.
22. Accusations were imposed on Xerxese, B.C.CGo and the three sweat equity
owners of MK with charges of corruption, murder, match fixing, spot fixing,
and other offences in other appropriate laws that deemed fit. CAI made
inferences that certain important documents were missing and it was nobodys
fault but B.C.CGo.
23. B.C.CGo was booked for the first time as a party with reasons stating B.C.CGo
as responsible for all the incompetent reports and that it was trying to hide all
the wrong happenings of the game.
24. In CAI Court accused parties were convicted and the matter went in appeal to
the Honble High Court. In the same CAI Court there is one another case
pending where B.C.CGo and Xerxese were charged with corruption over which
hearing on sentence was pending. The court stated that no hearing can be done
as the fact of the case is dependent on the judgement of Honble High Court of
Godam.
25. The case is so submitted at the Honble High Court of Godam wherein addition
the matter referred by IFC has also been added, and hence the submission is
submitted following the procedures of Honble High Court of Godam.

5. Upon transfer of liability the report was silent summarising the enquiry COM 1 gave clean chit to all
the accused.
20
Empire working for IFC, but a resident of Godam.
21
Report states:
1. Summary of the report was similar to Committee report 1, that is all the accused were given clean
chit. But in this report it was stated that many important documents and testimonies of the people relating
to the case went missing, which would have solely incriminated the accused.
2. Xerxese was uncooperative throughout the inquiry.
3. Although no conclusive proof with respect to the allegations against the accused are there but it can be
prima facie seen that some discrepancy was there which indicated towards the raised allegations.
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Statement of Issues:

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I.

Whether the court has the jurisdiction to entertain and try this petition?

II.

Whether B.C.CGo can be convicted under charges of mens rea under the
laws of Godam?
a. Whether B.C.CGo can be charged for the murder of Peter Woodford?
b. Whether B.C.CGo can be charged for the practise of spot fixing and
match fixing?

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Arguments advanced:
I.

Whether the court has the jurisdiction to entertain and try this
petition?

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The Counsel on behalf of the respondent would humble submit that the appellant had
invoked the Section 226 and Section 227 of The Constitution of India which is not
valid in this case.
The article talks about the jurisdiction to be applied on its own territory. Withstanding
with the facts as mentioned there is proper explanation that the GPL was going to held
at Burgan, and no where mentioned the relation with the the Godam High Court to
which the case should not be maintainable at the Godam High Court. Rather it should
be challenged at the Burgan High Court or elsewhere at any other higher court.
In a leading case of Sunita Kumari Kashyap v. State of Bihar 22 and others, the high
court found the case is not maintainable because the course of incident happened at
gaya and the case should be firstly reviewed by Gaya Criminal Court rather than the
Bihar Patna Court while the case is a criminal nature case. Since this time the counsel is
so presenting a case of criminal nature expects the court to rely on the judgement
declaring the case not to be maintainable.
The counsel would like to note down one another case Sujata Mukherjee v. Prashant
Kumar Mukherjee23 the appellant filed a case at Bihar Court initially for which the facts
were mentioned like that the course of incident happened at Bihar territory but both the
appellant and respondent were of from Raipur which comes under the Chattisgarh High
Court territory to which the case should be maintainable at the Bilaspur High Court and
to the same the High Court of Bihar rejected the plea and suggested to present the same
at Chattisgarh territorial courts.
Accordingly the counsel on behalf of the respondent humbly request the Honble Court
of Godam to declare the plea as not maintainable in the court relying on the case laws.

22
23

Crim. Appela 8078 of 2010.

1997 (5) SCC 30
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II.

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Whether B.C.C.Go can be convicted under charges of mens

rea under the laws of Godam?

The counsel on behalf of respondent would like to humbly submit that B.C.C.Go
should be convicted under charges of mens rea under the laws of Godam on the basis of
the fact that it did not show any interest in the inquiry and investigation of the murder
of Peter Woodford, instead gave vague justification. B.C.C.Go was silent about the
same in the committee report as well. Moreover it always gave clean chit to Kondra
Ranges knowing the fact that the team always get involved in immoral practices. This
show that B.C.C.Go was having guilt intention otherwise it could have taken proper
action against Kondra Ranges and mutually never accepted the explanation given by
the owner of Kondra Ranges i.e., Takishi.
In addition to this many other action of B.C.C.Go cleary shows that it was having mens
rea like the official of B.C.C.Go had once appreciated the deal by Xerxese Morennio
but it became a thorn in their flesh afterwards, therefore it could be conferred from this,
that they were somewhere involved while Xerxese was giving his best in relation to a
muti million deal between Meghe sports and FSL regarding T.V., rights on GPL worth
Rs 600 crore in 2010 but when they saw that they could be caught in charge of all this
they suspended Xerxese Morennio so that they could save theirselves. Even allegations
were also made out that lots of money from the underworld was also infested in the
competition and buyouts, it again give strength to the fact that B.C.C.Go was
completely supporting Xerxese Morennio in the same and that could also be the reason
why Xerxese Morennio was quiet in the complete investigation done by B.C.C.Go in
order to look the issue of Match-fixing and Spot Fixing.

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(i)

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Whether B.C.C.Go can be charged for the murder of

Peter Woodford?

Despite knowing the fact that Peter Woodford was a bad boy of cricket and he faced
many discipline and corruption charges and he have no good image in the eyes of
public or in the field of cricket, Xerxese Morennio , the commissioner of GPL, still
appointed him as the coach of Kondra Ranges in 5th edition. And when this
appointment was criticised by media, Xerxese Morennio organised a press
conference he presented his vies in front of media and answered that all the
allegation which were made on Peter Woodford were not even proved. This is
something which cannot be a justified answer for appointment of Peter Woodford.
The death of Peter Wood ford was mysterious, the murderer had left no proof or
even we can say that the murder was done wisely and in case, if any clue was left
by the murderer the B.C.C.Go did all possible things to hide it by preventing the
investigation or inquiry o any king. Even the autopsy does not provides the real
cause of the death. The investigation was not taken seriously the reason can be that
the BCCGo was hiding something in order to escape from the consequences. If the
BCCGo was of clean hands so, why they have not shown any interest in finding out
the offender or the reason of his sudden death. After the sudden death of Peter
Woodford the investigation became a mockery or a puppetry in the hands of
mighty. Mr. Peter Woodford was not an ordinary man, he owns a high position, he
was the coach of a team. And mere giving a excuse that it cannot be called as
murder since because there is no murderer found is not an justified cause. Some
regarded that he had an asthma attack where as the autopsy reports does not show
anything like that and it is no where in the fact that he was the asthma patient or
fallen in any kind of problem due to his disease. On the other hand, some says that
it was a suicideFirstly, the facts show that he was found naked in his hotel room with some of his
expensive belongings, this scene does not give any proof that it is the case of
suicide because generally no person commit suicide in such position and also he has
made certain phone calls to Zia Kuriet and Xerxese Morennio just before his death.

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Secondly, he recently got a good post to coach a team and was supported by
Xerxese Morennio when media questioned him.Mere saying that its not the case of
murder is not a reasonable, this can only be the excuse for B.C.C.Go in order to
draw a curtain on their fallacious deeds, as a culprit makes concealment of the false
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evidences or hides the truth from coming out, in the same way.
B.C.C.Go was covering the matter with the mud and after the death of Peter
Woodford the B.C.C.Go has shown any interest, even they were least bothered to
search for the real offender, it is the only reason for not following the investigation
process. In the 1st committee report which was prepared by the B.C.C.Go on the
direction of Supreme Court, they mentioned the death of Peter Woodford but did
not gave a justifiable cause or any valid reason where again in the second they made
concealment of certain facts and whereas on the matter of transfer of liability the
report of B.C.C.Go have nothing to say about but gave the clean chit to all the
accused. All these things had clearly shows that there were lots of the things hiding
behind those dark clouds. B.C.C.Go is a parent body o f the GPL cricket, it is there
primary duty to protect the lower body against the illegal or the immoral acts, it is
totally unjust to the viewers and adorers of the game to mislead them, such
activities must not be acceptable, and B.C.C.Go, being a authority, giving rise and
practicing such unlawful acts, it must be convicted for the serious offence which
they have committed.

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(ii)

Whether B.C.C.Go can be charged for the practice of Spot-fixing

and Match fixing?

The counsel on behalf of respondent would like to submit that B.C.CGo should be
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the B.C.C.Go has given clear chit to Kondra Ranges many times, despite of knowing
the fact that it was continuously indulged in contravening anti-corruption policy as well
as it was also charged for match fixing and spot fixing. Though KR has been given
clean chit after giving sufficient explanation but it can not be considered justified
because there were no transparency in the same. In addition to it , it is also clear by the
facts that chairman of B.C.C.Go i.e., Niladris was father-in-law of the owner of KR
(Takishi) and during the competition of 5th edition the then Chairman was replaced by
Don Makofusa who was the first cousin of Takishi, owner of KR meaning thereby, both
the chairman of B.C.C.Go were somewhere directly related to Takishi, not only the
chairman but Xerxese Morennio, the commissioner of GPL was the Batchmate of
Takishi and they both took out many business endeavours together. As Xerxese
Morrenio was the Business development manager of B.C.C.Go and also a partner of
Takishi, It could be conferred that Xerxese Morennio, the commissioner of GPL was
the batch mate of Takishi and they both together took out many business endeavour
together. As Xerxese Morennio was the business development manager of BCCGO and
also a partner of Takishi, it could be conferred that Xerxese Morennio and chairman of
BCCGO might have supported KR and MK. As it was cleared by the committee report
II that Xerxese Morrenio was uncooperative throughout the enquiry. A game is a
metaphor for life. As there are families, agents, structures, and stakeholders, there are
teams, rules, parent body, players and spectators. The rules of the game are implicit
within the structure of the game, and people usually have a believe that the game is
running accordingly but in the case when one finds out that all of life has been merely
staged y the actors around her, one feels deceived and inevitably takes a very fatalistic
view of the world. In the eyes of society, a good parent body of cricket or of any game
is one who does exactly what the rules say because it shows us that we can pass beyond
the boundaries of life regardless of how fast the ball is pacing at us or that we can hit
the target regardless of how well it is being guarded by the security of a bat. Thus,
watching a player play is like being a witness to an act of human free- will. And it is
this that causes such feeling of disappointment among the people when they hear of a
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match being fixed. A certain feeling of disappointment comes from the mishappening
of our perception i.e., what we held to be purely a matter of the potentiality, talent,
reflex, and agency of not only of player but of the organising body was something that
has merely been directed, pre- determined, and staged. And most scornfully, staged for
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money. And this is what happened in this case. It is clear by the facts that the official of
the B.C.C.Go had once appreciated the deal by Xerxese Morennio but now it was to be
a thorn in their flesh, therefore it could be conferred from this that they were
somewhere involved while Xerxese was giving his best in relation to a muti million
deal between Meghe sports and FSL regarding T.V., rights on GPL worth Rs 600 crore
in 2010 but when they saw that they could be caught in charge of all this they
suspended Xerxese Morennio so that they could save theirselves. Even allegations
were also made out that lots of money from the underworld was also infested in the
competition and buyouts, it again give strength to the fact that B.C.C.Go was
completely supporting Xerxese Morennio in the same and that could also be the reason
why Xerxese Morennio was quiet in the complete investigation done by B.C.C.Go in
order to look the issue of Match-fixing and Spot Fixing.

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Prayer:
Where from, in the light of the issues raised, arguments advanced, reason given and the
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authorities cited, the counsel on behalf of the respondent humbly prays before the
Honble High Court of Godam may be please to graciously consider:
1. To the plea so submitted is not maintainable and should reject the plea.
2. To consider B.C.C.Go liable for the murder of Peter Woodford.
3. To consider B.C.C.Go liable for spot-fixing and Match-fixing.
4. To pass any other orders as the court may deem fit.

Most respectfully and humbly submitted

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