‘Police failed to establish Dawood nexus’
Additional Sessions Judge Neena Bansal Krishna made the observation while discharging cricketers S. Sreesanth, Ajit Chandila and <g data-gr-id="21">Ankeet</g> Chavan, and 33 other accused - all of whom were out on bail.
Delhi Police charge sheeted them for cheating and conspiracy under various sections of the Indian Penal Code and provisions of the stringent Maharashtra Control of Organised Crime Act (<g data-gr-id="20">MCOCA</g>) while alleging Dawood and Shakeel were behind the spot-fixing scandal.
“...even if entire evidence of prosecution is accepted, then too it is not established that there exists a core crime syndicate of Dawood, Chhota Shakeel who have been indulging in the organized offence of betting and match fixing and also dealing with money so generated through hawala,” the judge said in a 175-page order.
The court noted that Delhi Police has failed to establish any nexus or link between various accused with Dawood’s aide Javed Chutani as part of <g data-gr-id="33">organized</g> group and said that a case under <g data-gr-id="24">MCOCA</g> is not made out.
However, it added that the best case could have been under Public Gambling Act, but “that also is not prima facie established from the evidence placed on record by the prosecution”.
The court also observed that the game of cricket is a game of skill and cannot be held as a game of chance, therefore it is exempted under a section of this act from the definition of gambling.
“...in view of the huge <g data-gr-id="29">vaccum</g> of law in this regard in the realm of law, this court is helpless to proceed further under any of the penal statutes,” it said.
“The offence of cheating is also not made out prima facie, even if the entire evidence of <g data-gr-id="31">prosecution</g> is admitted without formal proof,” the court said.