REPORT OF THE COMMISSIONER, BCCI

31. Dog eating dog appears also to have been the yet another guiding principle. In the CBI report as set out at Pages 54 to 96, the gist of the statements recorded by the CBI of S/Shri Ajay Sharma (Page 54), Manoj Prabhakar (Page 62), Mohd. Azharuddin (Page 68), Dr. Ali Irani (Page 71), Ajay Jadeja (Page 76), Nikhil Chopra (page 78), Nayan Mongia (Page 79), Navjyot Singh Sidhu (Page 80), Ajit Wadekar (Page 81), Prashat Vaidya (Page 83), Ravi Shastri (Page 84), Kapil Dev (Page 85), Sachin Tendulkar (Page 88), Maninder Singh (Page 90), Kirti Azad (Page 90), Atul Wassan (Page 91), I.S. Bindra (Page 91), Sunil Dev (Page 94) and Madhav Rao Scindia (page 95). The gist of the statement of Ram Adhar @ Choudhary of Feroze Shah Kotla ground has been set out by the CBI at Page 35. Among these, the most relevant are the statements of the 5 indicted players, Dr. Ali Irani and Ram Adhar.

32. In the analysis of the evidence in respect of each indicted person, I shall be setting out their statements as recorded by CBI, their reaction to such statements when I examined them, my view in respect of the version put forth by them before the CBI on the one hand and before me on the other and my finding regarding their guilt or otherwise. I shall do so with copies of the original statements recorded by the CBI and not on the basis of the salient features of their statements as set out in the CBI report. These statements as well as the statements of the relevant bookies/punters are placed in Volume - II of my report. I may mention that while giving me these copies CBI had masked the signature, designation etc. of the CBI officer who recorded the statement.

33. In this context, I am enclosing in Volume - III of this report the statements of the indicted persons as recorded by the CBI and as recorded by me as per details furnished below:-

Sl.No. Name of the indicted Page No. in Vol.-II Page No. in Vol.-III where the statement where the statements as recorded by me as recorded by CBI appears appears
(i) Ajay Sharma 001-007 001-017
(ii) Manoj Prabhakar 008-015 018-047
(iii) Mohd. Azharuddin 016-020 048-088
(iv) Dr. Ali Irani 021-025 089-095
(v) Ajay Jadeja 026-031 096-123
(vi) Nayan Mongia 032-035 124-132
(vii) Ram Adhar @ Choudhary 036 133-134

34. It is suggested that for a comprehensive appreciation of this report, the aforesaid statements may be perused. In this report, I shall no doubt refer to the relevant and the salient features of the statements of the said persons.

35. I shall analyse the role of each indicted person in the order in which CBI has done at Pages 97 to 124 of the report of CBI.

AJAY SHARMA

36. I recorded the statement of Ajay Sharma on 18th November, 2000 at the NSG Officers Mess, near Terminal - 2, IGI Airport, New Delhi.

37. CBI has analysed the evidence against Ajay Sharma at Pages 97-103 in the report.

38. In the statement of Ajay Sharma recorded by the CBI, he mentioned at Para - 2 about how he scored a quick century in the Ram Charan Aggarwal Tournament and when he was returning to the pavilion, M.K. Gupta had stuffed some money in his pocket. In the statement, Ajay Sharma is silent about the quantum of money that M.K. had stuffed in his pocket. However, M.K. himself stated (at Pages 15-16 of the CBI report) that the amount was Rs. 2000. However, at Para 7 of the statement recorded by me, Ajay Sharma stated that some persons had put money in his pockets and one of them was M.K., as conveyed to Ajay Sharma by his friend Sanjay Bharadwaj. Ajay Sharma stated that when the money was counted, it was around Rs. 1,300. My opinion in this regard is that irrespective of the quantum of money which M.K. had stuffed in the pocket of Ajay Sharma, Ajay Sharma cannot be faulted for what took place as he was a very young man and there is nothing wrong if fans stuff some small amounts of money in the pockets of a player, who had played well. It was a token of their appreciation of his game. He cannot push them off. This took place in the late-eighties. MK however had long range plans.

39. However, what is more relevant in this part of the statement of Ajay Sharma recorded by me is the following (at Para 7).

"I had not known M.K. I have never known M.K. Gupta by the said name or by the name M.K. or John. I cannot identify M.K. Gupta even now."

40. With this statement which Ajay Sharma made right at the commencement of his statement recorded by me, he washed his hands off in respect of M.K. Gupta and what he stated before the CBI about their contacts. In particular, Ajay Sharma has denied the following in relation to M.K.

41. He stated that each and every part of his statement as recorded by CBI regarding the contacts between him and M.K. as well as the introductions made by him of various persons with M.K. and other transactions between M.K. and himself on the one hand and various other players on the other are all false.

42. Similarly, in respect of Ajay Gupta also, he stated that he knew Ajay Gupta only because the latter's son was being trained by Ajay Sharma in the Roshanara Club. He mentioned in the statement recorded by me that he did not introduce Ajay Gupta to Azharuddin as mentioned in his statement recorded by the CBI.

43. He stated before me that he did not tell the CBI that he had received various amounts from M.K. or Ajay Gupta as appearing in his statement recorded by the CBI.

44. He has also denied in his statement recorded by me that he did make telephone calls to Azharuddin but it had nothing to do with cricket and was in relation to an injury sustained by Ajay Sharma's son Manan Sharma on 9th March, 2000.

45.Ajay Sharma has denied all the allegations held by the CBI as proved against him in the analysis of evidence in the CBI report at Pages 97-103.

46. From the statement of Ajay Sharma recorded by me, it will be seen that he has chosen to admit before me only those portions of his statement recorded by the CBI, such as telephone calls, which he knew could not be denied as CBI has computer printouts of such telephone calls.

47. I am now setting out the salient features of the analysis of evidence against Ajay Sharma as appearing in the CBI report at Pages 97-103.

48. M.K. stated before CBI that during the India tour of New Zealand in 1990, Ajay Sharma used to telephonically provide him information about the weather, pitch, team composition etc. Ajay Sharma, in his statement before CBI, has said that it was not he but his roommate Manoj Prabhakar who used to provide said information to M.K. CBI has expressed the view that this appears unlikely as Manoj Prabhakar had not been personally introduced to M.K. till then and he had only a telephonic introduction through Ajay Sharma. CBI has therefore, concluded that M.K.'s statement seems more plausible. I am inclined to agree with CBI, because from the point of view of M.K., it did not matter whether he took the name of Ajay Sharma or Manoj Prabhakar, as the crux of the allegation is the information received by him.

49. CBI has correctly concluded that Manoj Prabhakar was introduced to M.K. by Ajay Sharma sometime after the New Zealand tour in 1990 but before the Indian team's tour of England in 1990.

50. M.K. however, stated before the CBI that the Delhi-Bombay Ranji Trophy Quarter Final match played in Delhi in 1991 was intentionally lost by Delhi as some of the players were committed to playing league cricket matches in England, the dates of which were clashing with the dates of further Ranji Trophy matches. Ajay Sharma was a member of the Delhi team and he confirmed before the CBI the same fact.

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