New Delhi, Sep 26 (IANS) The Supreme Court Monday dismissed a petition by former Indian Premier League (IPL) commissioner Lalit Modi seeking an independent inquiry into the allegations of financial irregularities against him.


An apex court bench of Justice J.M. Panchal and Justice H.L. Gokhale said that "a mere apprehension of bias cannot be a ground for interference. There must exist a real danger of bias".

Justice Gokhale said that Modi may have an apprehension but it was not possible to say from the material on record that "he was facing a real danger of bias".

The court said that "though such domestic inquiries have undoubtedly to be fair, a member of a society cannot stretch the principle of fairness to the extent of demanding a tribunal consisting of outsiders, on the basis that the society members are biased against him".

Modi had challenged the composition of the Board of Control for Cricket in India's (BCCI) disciplinary committee set up to probe allegations against him.

The three-member committee including Arun Jaitley, Jyotiraditya Scindia, and cricket administrator Chirayu Amin.

Modi had contended that the committee was not free from bias as it included Amin, who along with the then cricketing board’s president Shashank Manohar, had decided to hold inquiry against him.

The judgment said Modi had not raised objection to the presence of Jaitley and Scindia. He had only contested the presence of Amin in the panel. The court said that apprehension of bias against “Amin is not well founded”.

“Merely because all the members of a society have participated in the discussion concerning such allegation, the society can't be expected to appoint an outsider to hold the disciplinary proceeding,” the court said.

“That apart, only a prima facie opinion is formed in such meetings. Merely because a member has participated in such a meeting, he cannot be accused of bias to disentitle him from being appointed on the disciplinary committee,” the court said.

“In this way, institutional bias can be alleged against every member of the governing council of IPL and the general body of the first respondent (BCCI) which cannot be accepted,” the court said.

“We cannot presume that the three-member committee will not afford the petitioner a fair hearing, or that it will not render unbiased findings,” the judges said.

“If the members or the managing committee of a society receive a complaint of any misconduct on the part of any of its office bearers, surely the subject is expected to be taken up in the general body meeting of the society,” the judgment said, dismissing Modi's petition.