29). The entire statement as recorded by the CBI above is wrong and I never stated so before the CBI. I do not know any of these persons and I had never received any money from them. My bills at Harrods in England were never paid by Amish Gupta. I have never under-performed in any match. I never received Rs. 10 lakhs as mentioned above. Ajay Jadeja and Nayan Mongia were never involved in match fixing as recorded by the CBI. Mobile NO. 98111 50860 was never given to me by Amish Gupta. I have never used the said number 98111 50860

QUESTION BY COMMISSIONER
30). Did you ever receive a letter of intent from the Ministry of Petroleum?
ANSWER
31). I do not remember.

QUESTION BY COMMISSIONER
32). Was there any litigation about the said allotment?
ANSWER
33). I am not sure.

QUESTION BY COMMISSIONER
34). Have you ever made purchases in Harrods?
ANSWER
35). I have been to Harrods but never made any purchase.

QUESTION BY COMMISSIONER
36). What was the result of Pakistan/India Pepsi Cup Match at Jaipur in 1999?
ANSWER
37). India lost the match. I do not remember the statistics. I do not remember how much I scored in that match.

QUESTION BY COMMISSIONER
38). Were Ajay Jadeja and Nayan Mongia involved in the said match?
ANSWER
39). No, not at all.

QUESTION BY COMMISSIONER
39). Do you remember the scores made by Ajay Jadeja and Nayan Mongia?
ANSWER
40) No.

41). The following portion in my statement recorded by the CBI has been read out to me now.

"On being asked, I state that I had seen Dawood Ibrahim a few times in Sharjah where he used to be present during cricket matches. I have not had any telephonic conversation with him ever. On being asked, I state that Abu Salem has also spoken to me on a couple of occasions and he had requested me to fix some matches but I had refused. On being asked, I state that I know Hamid Banzo Cassim of South Africa and I have met him whenever I visited South Africa. On being asked whether I received any gifts from Shobhan Mehta, I state that I have never received any money or a flat from him and I do not even know him. On being asked whether I was presented a Mercedes by 'ARY Jewellers' owned by some Pakistani, I state that I had received a letter to this effect from Asif Iqbal but I did not collect the Car since I could not pay the high customs duty. On being asked about Pappu Bhutani, I state that he is a very good friend of mine but I have not purchased any expensive watch from him. I state that I had presented a Rolex watch costing around Rs. 75,000/- to Ajit Wadekar. This was done as a token of appreciation since he was always the to guide me when he was the Coach of Indian team."

43. In reply I may state that I did not tell the CBI most of what is stated above. Dawood Ibrahim being well-known man in Dubai, I had some time seen him in the TV in the dressing room watching match in Sharjah. I do not know him, I have never spoken to him and had no connection with him in any manner. I do not know Abu Salem and he had never spoken to me. I know Hamid Banzo Casim of South Africa who used to attend many cricket matches when we used to play and he was friendly with all cricketers. He used to bring Indian food also for the Indian players. Regarding the gift of Mercedes Benz by ARY Jewellers, it is a fact that they wanted to do so as I had broken Desmond Haynes' record of maximum number of runs in ODIs. I also broke the record of playing the highest number of ODIs namely more than 334 ODIs. I was the most successful captain. I could not however accept the gift as I did not have the required money to pay the customs duty. I know Pappu Bhutani but I did not buy any expensive watch from him. I did present a Rolex watch to Ajit Wadekar but I do not remember its price."

146. From the above narration, it will be seen that Azhar has almost totally denied having stated any of the matters which appear in his statement as recorded by the CBI.

147. In the statement recorded by the CBI, Azhar stated that regarding the alleged offer made by Kapil Dev to Manoj Prabhakar during the Singer Cup in 1994. Manoj Prabhakar never informed Azhar about this alleged offer and he only came to know about the same through newspapers recently. Azhar added to CBI that there was no such rumour of any such offer during the said tour to Sri Lanka.

148. Regarding this portion of his statement, Azhar confirmed before me that he did tell the CBI as set out above.

149. Regarding the match at Kanpur in 1994 between India and West Indies, Azhar stated that there was no instructions for Manoj Prabhakar and Nayan Mongia to bat slowly and Azhar did not know the reason why they did so. Azhar added that when Prabhakar came to know that he was banned for subsequent two matches, Prabhakar abused him in the bus when the team was going back.

150. Azhar confirmed before me that he had stated so to the CBI.

151. In Azhar's statement recorded by the CBI, regarding the bookie named Balli, he stated that he did not know him but it was possible that he may have met him through Ajay Sharma when they went to Meerut to buy bats from Kailash Anand, Proprietor of SG.

152. In the statement recorded by me also, Azhar stated that he does not know Balli. He also stated that he did not tell CBI that it is possible that he might have met him through Ajay Sharma when they went to Meerut to collect bats from Kailash Anand, proprietor of SG. Azhar stated that he does know Kailash Anand, who is probably the best maker of bats in the world. The bats made by him are even exported to foreign countries. Kailash Anand is also a leading manufacturer of all cricket equipments.

153. In the last paragraph of the statement recorded by the CBI, Azhar stated that at that time he was unable to recollect anything more since he was upset and offered to provide more details later when he recollect the composure.

154. Even regarding this, Azhar stated before me that he never stated so before CBI.

155. From this single but significant denial itself, it is clear that Azhar has been legally advised to deny before me most of what appeared in his statement recorded by the CBI.

156. The analysis of evidence against Azhar in the report of CBI appears at Pages 68-71 and it is based mostly upon the statement of Azhar as set out supra and the statements of others such as MK etc. In as much as in his statement recorded by me he has mostly resiled from his statement as recorded by the CBI, Azhar had naturally to state before me that the analysis of the CBI against him was totally wrong. Once again at this stage, I would prefer to reproduce Azhar's statement verbatim than convert it into my language. This will also ensure brevity. I am, therefore, reproducing below the last part of the statement of Azhar as recorded by me.

"49). It is correct that myself and Ajay Sharma have been good friends. It is not true that the telephone calls of Ajay Sharma to me were only just before or during cricket matches. It is correct that Ajay Sharma had always been my well wisher for many years. It was only occasionally that Ajay Sharma used to bring bats for me.

50). Regarding the analysis of the evidence by CBI against me as far as Mukesh Gupta is concerned, I state that it is incorrect. In my statement recorded by you earlier today I have already stated that I did not know Mukesh Gupta at all.

51). Similarly I state that the analysis in the report of the CBI against me regarding Ajay Gupta & Amish Gupta is wrong. It is also wrong that the Pepsi Cup match between India and Pakistan at Jaipur in 1999 was fixed through the Guptas. It is also false that Ajay Jadeja and Nayan Mongia were also involved. I was not paid Rs. 10 lakhs after the match by any one. I did not tell the CBI that Amish Gupta had given me mobile telephone 9811150860.

52). I had never spoken to Abu Salem. He has never asked me to fix matches and therefore the question of my refusing to do so does not arise. In fact I have never had any contacts with any person in the underworld as is being reported now.

53). Regarding the last para of the analysis in the report given by the CBI about me, it is generally correct except that I do not know the price of the watch which I presented to Ajit Wadekar.

QUESTION BY COMMISSIONER

54). CBI has stated about you as well as many other players and bookies that the players were in frequent telephonic contacts with bookies and punters. Regarding you also similar remarks have been made. Would you like to say any things about this?
ANSWER:

55). The bookies and punters were not part of the cricket world. They have their own axe to grind and can therefore utter falsehood about cricketers including me.

QUESTION BY COMMISSIONER
56). Were you in the habit of getting bags and parcels for you being delivered through Dr. Ali Irani and did you collect them from Dr. Ali Irani?
ANSWER:
57). No such bag or parcel meant for me was ever delivered to Dr. Ali Irani and I never collected any bag or parcel from him. My relationship with him was only as a player or Captain with a physiotherapist.

QUESTION BY COMMISSIONER
58). Would you like to say any things further regarding the allegations made against you and the conclusion arrived at by CBI?
ANSWER:

59). I would like to state that I was never a party for receiving anything from any person and I never contacted any person for any match fixing. I have done my best for my country and broken many records. As a captain I have won the maximum number of matches for India. This applies to Tests as well as for One dayers. In the game of cricket, while skill is required, luck also plays as a major part. A player makes a double century in the first innings but can be dismissed for 0 in the 2nd innings. If such failures can be taken as indication of his under performance in a match, no player can escape such allegations. This applies to bowlers also. For example, Anil Kumble who holds world record for taking 10 wickets, can totally fail in another match."

157. When CBI commenced enquiries in this case, all the persons examined by the CBI were in such mood, thanks to media and public pressure, to tell the truth and get the feeling of guilt removed from their heart by unburdening themselves. Once that pressure was off and they could take "legal advice" about what they had told the CBI, they found it convenient to deny before me most of the incriminating admissions they made before the CBI.

In this context, it is relevant to mention that most of the admissions, including by Azhar, made before CBI are corroborated by the statements of other connected persons. It is very easy for persons like Azhar to state that CBI uttered falsehood and wrongly wrote their statements. CBI is the premier investigating agency of the country and has received vide approbation from the Supreme Court of India, High Courts, Trial Courts, the Parliament, the people and even from the accused persons themselves, who often admitted that the CBI's investigation against them was fair. In many cases, even the Supreme Court has used appreciative language about the work of CBI. It is no doubt true that CBI has occasionally being criticised for delaying enquiries and investigations and even for prosecuting some cases which have occasionally failed due to the benefit of doubt theory. Yet, in the past five decades, to the best of my knowledge, not a single Court has ever held that a statement recorded by the CBI was falsely recorded or a case was falsely prosecuted. I do not therefore, believe that Azhar has spoken the truth before me when he totally denied before me all the facts that he had set out before the CBI.

158. I have to necessarily distinguish the case of Azhar from the case of others. He has held the post of Captain of the Indian Team for a long period. He has been numero uno in Indian cricket for over a decade. A leader has to lead by example. While this is the modern theory in management, this was well known to our ancestors also as enumerated in the following Shloka in the Bhagwat Gita.
21). yad-yad acharati sresthas tad-tad eve 'taro janah sa yat pramanam kurute lokas tad anvartate

(Whatsoever a great man does, the same is done by others as well. Whatever standard he sets, the world follows).

"Common people imitate the standards set by the elect. Democracy has become confused with disbelief in great men. The Gita points out that great men are the pathmakers who blaze the trail that other men follow. The light generally comes through individuals who are in advance of society. They see the light shining on the mountain heights while their fellows sleep in the valley below. They are, in the words of Jesus, the "salt," the "leaven," the "light" of human communities. When they proclaim the splendour of that light, a few recognize it and slowly the many are persuaded to follow them".

159. This is how the Late Sarvepalli Radhakrishnan interpreted this shloka.

160. A more simplified narration of the principle is the well known maxim which is known to virtually every Indian, though it is in Sanskrit. "Yatha raja thatha praja".

161. An anglicized version is that there are three ways of leading people. One is by example; the second is by example; the third is also by example.

162. It is despite such high status, immeasurable glory and the confidence that the country reposed on Azhar that he behaved as he did in the game which made him rise from a middle-class status in the society to a level of affluence which has enabled him to lead an extremely comfortable life. The most humourous statement I have come across in the present millennium is of Azhar stating before me, "I am staying in a rented house as ........................... I do not have enough money now to buy a flat or house in Hyderabad".

163. My final opinion regarding the role of Azhar in this regard is under:-
i) He had close contacts and nexus with bookies/punters like M.K. Gupta, Ajay Gupta, Gyan Gupta and Ameesh Gupta etc. and was involved in match fixing.
ii) He is guilty of unbecoming conduct and misconduct as a national level player in maintaining such frequent contacts with bookies/punters.
iii) In his case, the misconduct is aggravated, as he was the Captain of the Indian team for long and let down the country and the cricket loving public in a despicable manner.  

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