The Supreme Court has sacked BCCI President Anurag Thakur with immediate effect for obstructing smooth implementation of Lodha Panel recommendations ordered by it. The court has also issued a show cause notice and asked why shouldn’t cases be filed against him on the charges of contempt of the court and perjury. The big question is: What is perjury and why Anurag Thakur runs the danger of being booked under the law?
Perjury means furnishing false evidence to courts, which includes making a statement and retracting it later; it also includes submitting false affidavits to courts. Under Section 193 of Indian Penal Code (IPC), perjury is punishable.
Section 191 explains what is false evidence: “Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.
“Explanation 1.—A statement is within the meaning of this section, whether it is made verbally or otherwise.
“Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know,” the law reads.
Section 193 of IPC lays down provisions for punishment who violates the law.
It reads: “Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine, and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.”
Why Anurag Thakur may be tried for perjury
In September, ICC Chief Executive Dave Richardson told a news channel that former BCCI President Anurag Thakur had asked ICC chief Shashank Manohar to issue a letter to the BCCI, questioning Lodha panel’s recommendation of appointing a government’s watchdog- the CAG- to check the accounts of the body. According to Richardson, Thakur verbally asked for the ICC letter questioning the veracity of this recommendation as it was tantamount to government intervention in running the board. The ICC doesn’t permit government intervention in the conduct of bodies affiliated to it. Richardson further said that Manohar refused to issue a letter until a formal letter by the BCCI requesting the same was received.
Anurag Thakur, who was accused by the Lodha panel of obstructing the implementation in its status reports, submitted an affidavit to the court denying that he wanted a letter to be issued in this regard. He said he had just sought a clarification as to this.
“Pointed out to chairman Shashank Manohar that when he was BCCI president he had taken a view that the recommendations of Justice Lodha committee appointing the nominee of Comptroller and Auditor General (CAG) on apex council would amount to governmental interference and might invoke an action of suspension from ICC; therefore requested him that being the ICC Chairman can a letter be issued clarifying the position which he had taken as BCCI President, “ Thakur’s affidavit stated.
However, the apex court didn’t find this explanation satisfactory enough and hence asked in its previous order that why shouldn’t a case against him be filed under the charge of perjury. The court had also slammed the BCCI top brass for obstructing the implementation of the recommendations ordered by it.
