Friday, 7 June 2013

Legal loophole may give Ashraful lifeline

Mohammad Ashraful's confession of his involvement in match-fixing within the Asian country Premier League has LED to confusion over whether or not it amounts to a criminal offense. There square measure mixed
opinions over whether or not and the way to prosecute Ashraful since there aren't any specific laws on fixing in Bangladesh's system.

Some believe that the case is sort of easy as he has "cheated", that may be a clear violation of the law of the land. Others, however, purpose towards a vacuum of laws, i.e. that the present laws don't seem to be robust enough to charge him.

The Anti-Corruption Commission (ACC) of Asian country has, per the Dhaka-based The Daily Star, solely mentioned the difference informally. The commission is following the developments and remains mulling whether or not or to not get entangled since the Asian country Cricket Board itself is taken into account a regulative body.

The Air Combat Command chairman Golam Rahman has aforesaid that he's not in favour of being concerned within the fixing issue. "There may be a administrative body and that is the [Bangladesh] cricket board," he said.

"The authority ought to play its due role. If we tend to interfere in everything, then the opposite authorities can become dysfunctional. However, if the BCB fails to act then we are going to consider obtaining concerned."

Criminal law skilled antiballistic missile Sharfuddin Mukul aforesaid that a law is in situ for each corrupt observe. "The rules state that he's not purported to be concerned in fixing, however he has done therefore. He has cheated for his personal profit. this can be a violation of the law.

"So during a broader sense, a charge are often created supported Section 420 (which deals with cheating and dishonesty) of the legal code. He has profaned the principles of the tournament therefore a police or the victim will file a case. If he has done something wrong whereas sporting the national jersey, any cricket fan WHO feels cheated will file a charge against him furthermore."

The Old Delhi Police had conjointly ab initio registered the cases against the 3 Rajasthan Royals players (Sreesanth, Ankeet Chavan, Ajit Chandila) underneath the Indian legal code section 420 and 120B, which, kind of like Bangladesh's section 420, deals with fraud, cheating and criminal conspiracy.

According to another senior professional, the present laws in Asian country don't seem to be modernised enough to touch upon the matter. "There is not a particular law against fixing during this country. i do not assume that section 420 and 406 are often understood in this method that several lawyers do it within the case of Ashraful. the character of crime is dynamic  and that we need newer laws," aforesaid lawyer Mahbub Shafique.

High-ups within the BCB conjointly concern an acquaintance backlash, wherever a member of the general public may file a case against Ashraful. But, as Rahman had declared, if the BCB acts thereon befittingly, there'll be very little space to make a criminal case against the previous Asian country captain.

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