'The ICC And BCCI Are On A Collision Course'

The following is the text of the letter written by ICC chief executive officerMalcolm Speed to BCCI president Jagmohan Dalmiya, which was released to themedia today.

Dear Jaggu,

I write in relation to the forthcoming first Test match between India andEngland at Mohali next week. In the course of this letter I will touch onmatters that have occurred recently in South Africa.

ICC has not received any formal communication from BCCI concerning thesematters since your Honorary Secretary's letter to me of November 21, BCCIseeming to prefer to communicate through the media.

I have, however, noted a number of troubling media comments attributed to youin recent days and it is important that the ICC's position is made very clear toyou. I have previously communicated directly with the BCCI Honorary Secretary.

I note from your media comments that you are now the person authorised byyour Board to deal with this matter.

With your approval, I will correspond directly with you and copy the lettersto the Honorary Secretary.

First, let me address the issues concerning the matches in South Africa.

As previously indicated to the Honorary Secretary of the BCCI, afterconsultation with the ICC President, I have made a number of rulings. I notefrom your press comments that you dispute my authority to make these rulings.

These rulings have been made with the full knowledge and consent of the ICCPresident and for all relevant purposes should be regarded as joint rulings ofthe ICC President and the ICC Chief Executive.

They are made pursuant to the powers delegated to the President and the ChiefExecutive under the ICC Memorandum and Articles of Association, the ICCCommittee Manual (which was approved by ICC Council at its meeting in June thisyear) and the ICC Delegation to the Chief Executive.

The ICC Memorandum of Association provides as follows:

"3. The objects for which the Council (ICC) is established are:-

(A) To administer, develop, co-ordinate, regulate and promote the game ofcricket world-wide in co-operation with its Members;

(B) To do all such other things as are incidental to, or as the Council maythink conducive to the attainment of all or any of the above objects."

In the ICC Delegation to the Chief Executive which was approved unanimouslyby the ICC Executive Board, of which you are a member, at its meeting held inKuala Lumpur last month, the Executive Board empowered the Chief Executive asfollows:

"2. Decisions of the Executive Board acting as a whole are binding onthe Chief Executive.

From time to time, the Chief Executive will be required to take a position onshort notice responding to intense media and public interest.

In such circumstances, the Chief Executive together with the President isempowered to act without prior consultation with the Executive Board.

"8. Within the boundaries established by the Executive Board.....theChief Executive is authorised to make all administrative decisions, take alladministrative actions, establish all administrative practices and develop alladministrative activities necessary to achieve the ICC's administrativeobjectives."

The rulings referred to above are the following:

1. The Third Test match was forfeited by both India and South Africa as bothteams refused to play the match under the duly appointed ICC Match Referee MikeDenness. Accordingly, for all relevant ICC purposes, the match is to be regardedas having been abandoned.

2. The effects of this decision are as follows:

a) For the purposes of the ICC Test Match Championship, the Series is awardedto South Africa with a score of 1-0.

b) ICC records will record this match as having been abandoned without playtaking place.

3. The match that is currently being played in Centurion is not a Test Matchfor ICC purposes.

4. The effects of this decision are as follows:

a) The result in that match will not count as a Test Match for country recordpurposes;

b) Individual performances by players will not count for the purpose ofindividual player records;

c) The match does not count as a Test Match for the purposes of thesuspension of India player Virender Sehwag imposed by the ICC Match Referee,Mike Denness, in the Second Test at Port Elizabeth on 19th November, 2001.

5. It follows that Virender Sehwag is not eligible to play as a member of theIndia team in the First Test Match to be played against England at Mohalicommencing Monday December, 3.

6. BCCI was advised of this in my letter to its Honorary Secretary dated 22ndNovember, 2001.

7. The ICC Match Referee, Denis Lindsay, has been advised accordingly.

In support of these decisions, I make the following comments:

A. A "Test Match" is defined in the ICC Regulations and Codeof Conduct as follows:

"Any cricket match of not less than five days scheduled duration playedbetween teams selected by Full Members ..... as representatives of their MemberCountries and accorded with the status of Test Match by the ICC."

B. It follows logically that if ICC is able to accord Test Matchstatus to a match, it is able to not accord that status in appropriatecircumstances.

C. The Regulations and Code of Conduct clearly spell out the role ofthe ICC Referee -

"1. An ICC Referee shall:

a) be appointed by the ICC President or the ICC Chief Executive, and

b) shall be independent of any Member or Member Country competing in any TestMatch or ODI Match for which he is appointed, and

c) neither team will have a right of objection to a referee's appointment.

3. The Referee shall be the independent representative of the ICC at all Testmatches and ODI Matches....."

D. Prior to the commencement of the scheduled Third Test Match inCenturion, both BCCI and UCBSA objected to the Referee appointed by the ICC andrefused to play the match if the appointed official was not removed.

E. With the agreement of BCCI, UCBSA purported to dismiss the ICCReferee and deny him access to the ICC Referee's facilities at the CenturionGround.

F. Without the consent of the ICC President or the ICC Chief Executive(and against the express wishes of the ICC Chief Executive) UCBSA, with theagreement of BCCI, purported to appoint an ICC Referee to officiate in thematch. This person was not "independent of any Member or MemberCountry" as required by the regulations and the Code of Conduct and was notproperly appointed.

G. Similarly, the ICC Regulations and Code of Conduct provide that theICC will appoint one of the umpires to officiate in a Test Match. On 22ndNovember, 2001, the ICC advised UCBSA that it had withdrawn the appointment ofthe ICC Umpire who had previously been appointed to umpire in the match.

H. In writing, on 22nd November, 2001, the ICC Chief Executive, actingwith the authority of the ICC President, advised BCCI and UCBSA that the matchthat was proposed to be played in Centurion did not have ICC approval and wouldnot be designated as an official Test Match for ICC purposes.

I. The consequences of that decision were then set out in writingincluding the ruling that this match would not count as a Test Match for thepurpose of the suspension of the India player, Sehwag.

I note further that the President and Chief Executive of UCBSA and theCaptain of the UCBSA team that played in the match in question have agreed thatthe match was not a Test Match.

Having made these primary and consequential rulings, it now falls to me toenforce them.

I note that at a media conference yesterday, you announced that BCCI does notaccept that ICC has the power to withdraw Test Match status from the Centurionmatch.

I note further that you have indicated that it is your view that VirenderSehwag is eligible for selection and that the BCCI Selection Panel is free toselect him to play if it sees fit to do so.

You will appreciate that BCCI and ICC are on a collision course and that theconsequences for world cricket are of great significance.

I note in reports of your media conference that you will seek to put in placea process whereby there is a right of appeal against decisions of MatchReferees.

Further you have urged that there should be a Code of Conduct for ICCReferees.

You appreciate further from your long service as a Director of ICC and yourthree years as ICC President, that the ICC Executive Board is the proper forumfor these matters to be debated and determined. Further, you have disputed thepower of the ICC President and Chief Executive to make the rulings that I haveoutlined above.

There were occasions during your term as President of ICC on which you madeexecutive decisions in circumstances in which it was not possible to obtain theprior agreement of the Executive Board.

Again, the proper forum to seek to have those rulings reversed, if it BCCI'swish to do so, is the ICC Executive Board.

You are reported to have stated to the media that BCCI will not play in anymatch in which Mike Denness is appointed as ICC Referee.

You are aware of the procedure adopted by ICC Management whereby each Boardparticipating in a series is provided with preliminary appointments of ICCReferees and asked whether there is any objection to that appointment.

If there is any reasonable objection to the appointment, an alternativeReferee is appointed. This process was followed in the case of Mr Denness'appointment for the India v. South Africa Series and there was no objection fromeither side.

This process will continue to be followed until 1st April 2002 and anyreasonable objection from BCCI would result in another appointment being made.

You are aware that a new process will apply from 1 April, 2002 in which aReferees' Panel consisting of 5 referees contracted to the ICC will officiate inall Test Matches.

If you have any concerns about the implementation of the new system, you willhave the opportunity to raise these at the next meeting of the Executive Board.

The immediate problem that we face is the BCCI's decision to the effect thatVirender Sehwag is eligible for selection in next week's Test Match.

This is clearly in breach of the rulings outlined above and previouslynotified to you.

My major areas of concern are:

* It is important that the Series continue and that all matches have TestMatch status.

* It is important that we avoid any further damage to the game by resolvingthis dispute as soon as possible;

* It is vitally important that we avoid any risk of injury to the public,players or officials should the ICC Referee refuse to allow Virender Sehwag toplay in the match.

If this issue is not resolved well ahead of the Match, it is possible that itwill take place at the start of the Match in a highly charged and volatileenvironment that will exacerbate risk of injury.

You are quoted in the media as having said the following in respect of thestatus of the match currently being played at Centurion:

"If anyone can explain why we are wrong then we will be prepared tolisten."

I trust that the detailed explanation that I have provided has addressed thisissue satisfactorily.

Jaggu, I note from some of your media comments, that you do not seek to be ina position of confrontation with the ICC. In all of the circumstances, I askBCCI to reconsider its decision in respect of next week's match and to seek toresolve its concerns in the proper forum, the ICC Executive Board.

I will telephone you today to confirm that you have received this letter andto discuss any areas that may be unclear to you.

In that conversation, I will ask you to advise me by mid-day Friday, November30, (Kolkata time) of your Board's decision in respect of Virender Sehwag.

In the meantime, might I respectfully suggest that you consult with themembers of your Board with a view to reaching a decision that is in the bestinterests of the great game of cricket.

With the agreement of the ICC President, I propose to circulate this letterto the ICC Executive Board and make the contents of the letter available to themedia.

Yours sincerely

MALCOLM SPEED
CHIEF EXECUTIVE OFFICER