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BCCI demands $42m in damages from WICB

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Calling West Indies' pull-out midway into the India tour a "monumental disaster", the BCCI has slapped a US$41.97m damages claim on the WICB. The BCCI also suspended bilateral relations with the WICB till the dispute was resolved, and threatened legal action if the West Indies board didn't respond within 15 days.

Scheduled to play five ODIs, a Twenty20 and three Tests, the West Indies players pulled out of the series after the fourth ODI in Dharamsala on October 17. They cited the failure of West Indies Players' Association (WIPA) and WICB to respond convincingly to their questions related to the memorandum of understanding and collective bargaining agreement signed by the two parties in September.

In a a stern four-page letter addressed to WICB president Dave Cameron, a copy of which is in possession of ESPNcricinfo, BCCI secretary Sanjay Patel on Friday indicated that if the WICB failed to respond within 15 days about how it intended to compensate the losses in "acceptable terms", the BCCI would initiate legal proceedings. "Pending resolutions of all disputes the BCCI suspends all bilateral cricketing relations with the WICB," Patel's letter stated.

Patel's missive arrived even as Cameron and senior WICB officials were engaged in meetings with players and WIPA in Trinidad to resolve the dispute. The meeting was facilitated by Prime Minister of St Vincent, Ralph Gonsalves, who helped resolve the dispute between Chris Gayle and the WICB three years ago.

Losses BCCI says it has suffered
$216m media rights fee
$10.01m title sponsorship
$9.6m team sponsorship
$3.05m kit sponsorship
$12.5m ticket sponsorship
$7.5m in-stadia sponsorship
As soon as Dwayne Bravo, the West Indies ODI captain, said that the players would be forced to take extreme steps unless they got clear answers from WIPA and WICB regarding the new MoU/CBE, Patel said the BCCI understood the seriousness of the issue and attempted to avert the debacle.

Patel pointed out that Bravo and his team-mates continued to play till the fourth ODI only because of the intervention by him and the other senior BCCI officials.

Patel stressed that the consequences of the West Indies pullout were "multi-fold and crippling" to the Indian board. "The BCCI is faced with huge revenue losses, a loss of reputation and is at risk of losing valuable commercial partners," Patel wrote. "The consequences of cancellation of a committed home Tour during the biggest festival season Diwali in India is a monumental disaster for the BCCI. It is during this season that our partners derive the most value from their rights.

"Our broadcaster had committed to its advertisers during this season and on account of your actions, is facing a severe crisis the effects of which are felt by the BCCI. The BCCI holds the WICB responsible and liable for all such consequences and intends to enforce its rights to seek compensation from the WICB to the fullest extent permissible in law."

Patel demanded a written assurance from the WICB explaining how it intended to pay damages claimed by BCCI and warned a failure would mean further sanctions. "In the event the BCCI does not receive such a proposal in acceptable terms, within a period of 15 days from receipt of this letter, please note that the BCCI has peremptorily instructed its attorneys to initiate steps for recovery of the losses by filing appropriate legal proceedings against the WICB in the appropriate Indian Court and you may treat this notice as a formal demand in that regard."

Although SLC has helped fill in the breach caused by West Indies' withdrawal by agreeing to play a five-ODI series, Patel said it was not enough to "offset the loss" incurred. "This is because the Sri Lanka Cricket Board has not committed to any additional tour of India but has only advanced its 2015 Tour to 2014. In return, the BCCI has agreed to tour Sri Lanka in 2015 whereby it has permanently and irretrievably lost a valuable home tour."

Patel slammed the WICB for cancelling the tour "in complete disregard of your legal commitments" despite knowing the damages it would cause. "The adverse financial ramifications and the negative impact of your action to unilaterally cancel the remainder of the Tour was well within your understanding, yet you still went ahead and cancelled the Tour in complete disregard of your legal commitments.

"The WICB is also aware that each National Board is committed to touring each other in a given period such that the schedule of tours between each of the Boards is fixed 8 years in advance. Such touring obligations are on a reciprocal basis so as to reflect not only fairness in ranking but also equal opportunity to each Board. As such, given the limited windows of opportunity and the long-term schedule of tours as between the National Cricket Boards, rescheduling of Tours within the 8-year period becomes impossible."
 
windies players were out of line. Cant do what they did in the middle of tour, very unprofessional.
 
WI should transfer that $42 millions to PCB instead. I'm sure BCCI would appreciate the irony. :troll
 
Sorry they are going to file suit in an Indian court? And how will an Indian court enforce a judgement?
 
WI should ask Bravo and other IPL players from their team to pay up that $42 millions or they lose their NOC for IPLs.

It's reached the point where the ICC needs to step in and get directly involved.
 
When a man is **** broke and a $billion fine is imposed on him, he will be like ____ off. Same will be the WICB attitude.
 
It is BCCI. They can enforce any judgement they desire.

No, they cannot. In practical terms they can prevent the WI from getting revenue by refusing to tour or host them. But they can't enforce the judgement of an Indian court on a foreign party.
 
No, they cannot. In practical terms they can prevent the WI from getting revenue by refusing to tour or host them. But they can't enforce the judgement of an Indian court on a foreign party.

Lol exactly. How will they enforce this?
 
Take out the WI pie from the ICC earnings until they get their $42 mils back. Pretty elementary to say the least.

WICB thought they were playing hardball with the players but now they will learn what real hard ball is.
 
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and WI players will still be part of IPL, someone sees the irony?

this time, they won't be. BCCI may be corrupt, incompetent but when it comes to maintaining its image, they come hard on to anything that is consider as obstacle.
 
Lol is this guy serious?

Edit - was talking about the guys who were questioning how the bcci could actually get the money from wicb.
 
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Take out the WI pie from the ICC earnings until they get their $42 mils back. Pretty elementary to say the least.

WICB thought they were playing hardball with the players but now they will learn what real hard ball is.

Do you think the other cricket nations will agree to losing one of the cricket teams? WI would die.
 
Lets just trade players instead of money. Give us Jerome Taylor and Roche and we wont ask any money. :19:
 
What could be the max...India will stop playing with WI...they already stopped playing with Pakistan and minions are already out of the sight.
 
I support the BCCI's lawsuit. Contracts are contracts. If someone paid to build your house and stopped halfway through because of "internal issues" and it cost you money to get it finished you wouldn't be too happy would you. There has to be some precedent set or countries will decide to pull out of tours as it suits them if they know there will be no penalty.
 
Can pcb file a lawsuit against bcci for cancelling 2009 and later tours? It was in ftp!
 
Cricket in West Indies is declining anyway. The people there are more into Athletics, Baseball, Basketball and Soccer. Even if West Indies Cricket is in big jeopardy as a full member, just give its full member status to Ireland. West Indies isn't really a country anyway so its understandable why their players don't care about the consequences of whether they are threatened of being removed from the West Indies team for good. They know they will be making enough money at IPL and stuff.
 
No, they cannot. In practical terms they can prevent the WI from getting revenue by refusing to tour or host them. But they can't enforce the judgement of an Indian court on a foreign party.

They never said court action in India.As the BCCI said that this tour was on pen and paper(a written agreement) they can approach CAS or whatever legal mechanism agreed upon in that agreement.Plus there is the ICC.Bcci is rich enough to sue WICB in any court that has jurisdiction in this matter.

And even if they sue them in Indian courts the Indian court can repeat what they did during 2000 CT fiasco.And ICC will be on its knees and so will be WICB.
 
Lol, let them go. They likely can't even scrap a single million/crore together.
 
I support the BCCI's lawsuit. Contracts are contracts. If someone paid to build your house and stopped halfway through because of "internal issues" and it cost you money to get it finished you wouldn't be too happy would you. There has to be some precedent set or countries will decide to pull out of tours as it suits them if they know there will be no penalty.

TBH, the agreement will finally be that WI will tour India for a couple of extra tours in the next few years. Another bunch of JAMODIS
 
They never said court action in India.As the BCCI said that this tour was on pen and paper(a written agreement) they can approach CAS or whatever legal mechanism agreed upon in that agreement.Plus there is the ICC.Bcci is rich enough to sue WICB in any court that has jurisdiction in this matter.

And even if they sue them in Indian courts the Indian court can repeat what they did during 2000 CT fiasco.And ICC will be on its knees and so will be WICB.

Yes they did. Read the OP.
 
yes,give them a house in kerala ,it will feel like home

What do you mean by that exactly?


On topic: would be interesting to see how this all unfolds. Could say the west indies are screwed but on the other hand, not a lol of icc revenue seems to go back into the game there anyway.
 
TBH, the agreement will finally be that WI will tour India for a couple of extra tours in the next few years. Another bunch of JAMODIS

That's fine. I'm sure they will work out ways behind the scenes to mitigate the impact. But the initial line in the sand must be drawn.
 
WI should ask Bravo and other IPL players from their team to pay up that $42 millions or they lose their NOC for IPLs.

Bravo etc. have just killed cricket in WI, I think.

The BCCI may not be able to get the money back but can put pressure on other teams not to play with WI.
 
windies players were out of line. Cant do what they did in the middle of tour, very unprofessional.

But did you notice BCCI didn't ban WI players from IPL?

Cuz that would have hurt the IPL for missing more stars and hence decreased interest in IPL and more financial losses.
 
Can pcb file a lawsuit against bcci for cancelling 2009 and later tours? It was in ftp!

The world remembers what happened to the Sri Lankan cricket team after they decided to replace India for that tour.
 
Should not pay them back. One by one India will cancel playing against everyone except Sri Lanka and then Kohli will be able to score 6548 tons, making it a win-win situation for all.
 
I find it a little funny when BCCI came out and backed Windies players to continue in the IPL, and yet they continue to ban the involvement of Pak players.

Both respective boards were at fault, so why put the blame on the players in one instance and the board in the other?
 
I support the BCCI's lawsuit. Contracts are contracts. If someone paid to build your house and stopped halfway through because of "internal issues" and it cost you money to get it finished you wouldn't be too happy would you. There has to be some precedent set or countries will decide to pull out of tours as it suits them if they know there will be no penalty.

Look this way.. BCCI and WICB entered in a contract. WICB sent their team to fulfill the contract. Midway the company (WICB board) had problems with their certain employees(players) and they quit the job for time being. The company(WICB) said they will send other employees (new team) to complete the tour which BCCI didn't agree. IMO it was not BCCI position to dictate who will represent WI who wouldn't.
India should have played what was in front of them and won the series.
 
I find it a little funny when BCCI came out and backed Windies players to continue in the IPL, and yet they continue to ban the involvement of Pak players.

Both respective boards were at fault, so why put the blame on the players in one instance and the board in the other?
Can you explain how are drawing this analogy?
 
didn't they say they won't be taking any money from the WICB a few days ago?
 
Look this way.. BCCI and WICB entered in a contract. WICB sent their team to fulfill the contract. Midway the company (WICB board) had problems with their certain employees(players) and they quit the job for time being. The company(WICB) said they will send other employees (new team) to complete the tour which BCCI didn't agree. IMO it was not BCCI position to dictate who will represent WI who wouldn't.
India should have played what was in front of them and won the series.

In the Indian Contract Act, when you sign a contract u agree to the quality of goods which u will supply or be supplied. (WI board had agreed to send their top team)
In the case the same quality of goods cannot be delivered to you, you can cancel the contract and sue the other party.
Now just replace 'goods' with 'west indies' players and you have the answer.
 
In the Indian Contract Act, when you sign a contract u agree to the quality of goods which u will supply or be supplied. (WI board had agreed to send their top team)
In the case the same quality of goods cannot be delivered to you, you can cancel the contract and sue the other party.
Now just replace 'goods' with 'west indies' players and you have the answer.



Players are not commodities.

Also they can challenge you regarding the quality as well. How can you say certain new comers are inferior to the likes of Dwayne Smith who only average around 22 after 100 odd one day games?
 
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Players are not commodities.

Also they can challenge you regarding the quality as well. How can you players certain new comers are inferior to the likes of Dwayne Smith who only average around 22 after 100 odd one day games?

I know they are not commodities but the quality issue still remains.
If maybe 2-3 players would have backed out, then they maybe could have been replaced by fringe players but replacing the whole team is just too much.
And off-course if you replace international level players with domestic ones then obviously quality issues will arise.
Whether those international players deserve to be in the team is a different story but normal assumption is that international players > domestic players.
 
WICB were ready to send their 2nd team. BCCI did not accept it and if WI represent this case then BCCI is sure of losing it atleast in the Indian court.

WICB can send whatever team they have in their possession at that time and its none of BCCI business to question it.

O
 
In the Indian Contract Act, when you sign a contract u agree to the quality of goods which u will supply or be supplied. (WI board had agreed to send their top team)
In the case the same quality of goods cannot be delivered to you, you can cancel the contract and sue the other party.
Now just replace 'goods' with 'west indies' players and you have the answer.

It's a service contract not product contract.
 
In the Indian Contract Act, when you sign a contract u agree to the quality of goods which u will supply or be supplied. (WI board had agreed to send their top team)
In the case the same quality of goods cannot be delivered to you, you can cancel the contract and sue the other party.
Now just replace 'goods' with 'west indies' players and you have the answer.

Definition of top team is whatever team they have in their possession at that time. WICB removed all the players from their office and hence can send next quality team that they have. It may not be difficult to prove Sarwan, Gayle, Chanderpaul and Mervyn Dillon are available to play who are better than their current players;-)
 
For guys still discussing the quality issue, let me tell you
In normal judgement, quality of international players > quality of domestic players.
So obviously if u replace a team of well renouned international players and replace them with no name domestic players then obviously a quality issue arises.
 
These financial loss figure may be over the board but lets say even half of its true, so the losses are about $20 million.

Is BCCI going to recover it? Probably not!

The easier way was to gather WI player in a room and hand them $50,000.00 cash per each player.

And the WI players would have been ready to mop the floor for you.

That would meant a decrease in profit of about $800,000.00 and series would been completed, in contrast to the current situation of facing a $20 million loss.

Initially a bad business decision by BCCI but knowing how shrewd they are, I am sure they will find a way to get it even.
 
For guys still discussing the quality issue, let me tell you
In normal judgement, quality of international players > quality of domestic players.
So obviously if u replace a team of well renouned international players and replace them with no name domestic players then obviously a quality issue arises.

Depends on whether they possess those players at that time. If WICB proved that they sacked those players due to discipline issue and then produced next team then anyone has to accept it. I would go on to include Sarwan/Chanderpaul/Gayle etc were available to play as next team. Its just damn easy to do that
 
Depends on whether they possess those players at that time. If WICB proved that they sacked those players due to discipline issue and then produced next team then anyone has to accept it. I would go on to include Sarwan/Chanderpaul/Gayle etc were available to play as next team. Its just damn easy to do that

Once the contract is signed the contracted parties cannot hide behind internal issues because you have an obligation to deliver on the contract.
Plus the bcci at the time of signing the contract did not know that west indies had this internal dispute and acted in good faith.
West Indies is at fault here.
 
PCB can try, but they will be ridiculed and ostracised given what happened to Sri Lanka who filled when India refused to tour.

The world remembers what happened to the Sri Lankan cricket team after they decided to replace India for that tour.

Was not talking about what happened to Sri Lanka... Was talking about adhering to FTP which bcci doesn't do. What was stopping them from playing Pakistan in a neutral venue. Hence why I mentioned why pcb can't claim some kind of a money using the same logic of tour cancellation.
 
Was not talking about what happened to Sri Lanka... Was talking about adhering to FTP which bcci doesn't do. What was stopping them from playing Pakistan in a neutral venue. Hence why I mentioned why pcb can't claim some kind of a money using the same logic of tour cancellation.

I don't think the ftp is legally binding.
 
Once the contract is signed the contracted parties cannot hide behind internal issues because you have an obligation to deliver on the contract.
Plus the bcci at the time of signing the contract did not know that west indies had this internal dispute and acted in good faith.
West Indies is at fault here.

Dude there is no internal issue. WICB can sack any player any moment on discipline and am sure any contract would not have any agreement that they cannot sack the players on discipline. It is board's prerogative and its damn easy to prove in any court
 
Dude there is no internal issue. WICB can sack any player any moment on discipline and am sure any contract would not have any agreement that they cannot sack the players on discipline. It is board's prerogative and its damn easy to prove in any court

The board can sack any player they want but not when they are in a middle of the tour because the other party is also affected in this case the bcci.
That's how laws work bro whether u like it or not.
 
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The xontract is about touring. BCCI cannot dictate any board whom to select whom not to. They cannot select any player for whatever reason they want.
 
The board can sack any player they want but not when they are in a middle of the tour because the other party is also affected in this case the bcci.
That's how laws work bro whether u like it or not.

Depends on the guilt. What if that player has taken drugs. What if all the players booze the night before the match which is against the rules of most of the boards and unavailable for the next match. Players have to behave according to the rule book set by the board
 
Depends on the guilt. What if that player has taken drugs. What if all the players booze the night before the match which is against the rules of most of the boards and unavailable for the next match. Players have to behave according to the rule book set by the board

The other party like bcci is offered with the next best team available so they cannot say no to it
 
Depends on the guilt. What if that player has taken drugs. What if all the players booze the night before the match which is against the rules of most of the boards and unavailable for the next match. Players have to behave according to the rule book set by the board

This is not a question of one player but the whole team!
 
The xontract is about touring. BCCI cannot dictate any board whom to select whom not to. They cannot select any player for whatever reason they want.

If u order goods from an online store and they deliver u goods of substandard quality of the same brand, would u sue the company or not?
Same analogy with the bcci here.
 
Look this way.. BCCI and WICB entered in a contract. WICB sent their team to fulfill the contract. Midway the company (WICB board) had problems with their certain employees(players) and they quit the job for time being. The company(WICB) said they will send other employees (new team) to complete the tour which BCCI didn't agree. IMO it was not BCCI position to dictate who will represent WI who wouldn't.
India should have played what was in front of them and won the series.

Except that we are talking about an international sports match. If BCCI or any sports body had known that the opposition team were going to be sent out hacks and duffers I doubt they would have signed the contract to begin with. To extend my example it would be like saying that builders of a certain quality would be sent out to build my house but halfway through these builders would be replaced with apprentices and I would not be compensated for any negative impact to my house as a result.

Nobody will be able to convince me that the WICB is not culpable in failing to prevent an internal issue from affecting an international tour. They had the chance to defer the decision until AFTER the India tour. They didn't because they wanted to play hardball with the players and play brinkmanship with them. The players took their bluff and the whole thing turned into a shambles. As the overall governing body the WICB are responsible. When it comes to things like this I don't care if it's the BCCI the PCB the ECB or whoever it's not right. Remove the name BCCI and the name WICB and say they are Organisation A and Organisation B and you will come to the same conclusion I came to.

Most people on this forum are biased because they are Pakistani and hate the BCCI because a) the BCCI represents India and b) the BCCI banned India from playing Pakistan and c) Pakistanis don't like Indians from what I have seen. I don't like the BCCI either. But if you cut through all that ******** and look at the facts it's hard to defend what the WICB did. They inflamed an internal issue and let it affect an important business partner, broadcasters, fans, etc.

Teams can't just leave tours. Imagine if the OZ left the Pak tour right now because they said that the players were homesick and didn't want to play anymore, thus denying Pakistan a victory in the second Test and denying fans around the world a chance to see it. Or maybe Cricket Australia said you know what we will send some first class players there to finish the Test, you can flog these sh!tkickers and have a hollow victory over players that have never played an international match before. Are you going to be hunky dory about it? No I didn't think so.

But yourself in a position where you have to be impartial and remove the names from the situation and focus on the actions and the facts. Most people here would probably make poor judges because they can't see past their own personal biases and look at the facts of the situation.
 
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Except that we are talking about an international sports match. If BCCI or any sports body had known that the opposition team were going to be sent out hacks and duffers I doubt they would have signed the contract to begin with. Nobody will be able to convince me that the WICB is not culpable in failing to prevent an internal issue from affecting an international tour. They had the chance to defer the decision until AFTER the India tour. They didn't because they wanted to play hardball with the players and play brinkmanship with them. The players took their bluff and the whole thing turned into a shambles. As the overall governing body the WICB are responsible. When it comes to things like this I don't care if it's the BCCI the PCB the ECB or whoever it's not right. Remove the name BCCI and the name WICB and say they are Organisation A and Organisation B and you will come to the same conclusion I came to. Most people on this forum are biased because they are Pakistani and hate the BCCI because a) the BCCI represents India and b) the BCCI banned India from playing Pakistan. I don't like the BCCI either. But if you cut through all that ******** and look at the facts it's hard to defend what the WICB did. Most people here would probably make poor judges because they can't see past their own personal biases and look at the facts of the situation.

Some people here think that quality is not an issue as long as any team is put on the park.
It's quite laughable.
 
Let BCCI do what they want, they've pretty much already destroyed most of what cricket was all about in WI. I hope they realize there's no way WICB can pay them $42m or whatever they are asking for... only way to resolve this is through dialogue and having a "big heart"....
 
Except that we are talking about an international sports match. If BCCI or any sports body had known that the opposition team were going to be sent out hacks and duffers I doubt they would have signed the contract to begin with. To extend my example it would be like saying that builders of a certain quality would be sent out to build my house but halfway through these builders would be replaced with apprentices and I would not be compensated for any negative impact to my house as a result.

Nobody will be able to convince me that the WICB is not culpable in failing to prevent an internal issue from affecting an international tour. They had the chance to defer the decision until AFTER the India tour. They didn't because they wanted to play hardball with the players and play brinkmanship with them. The players took their bluff and the whole thing turned into a shambles. As the overall governing body the WICB are responsible. When it comes to things like this I don't care if it's the BCCI the PCB the ECB or whoever it's not right. Remove the name BCCI and the name WICB and say they are Organisation A and Organisation B and you will come to the same conclusion I came to.

Most people on this forum are biased because they are Pakistani and hate the BCCI because a) the BCCI represents India and b) the BCCI banned India from playing Pakistan. I don't like the BCCI either. But if you cut through all that ******** and look at the facts it's hard to defend what the WICB did. They inflamed an internal issue and let it affect an important business partner, broadcasters, fans, etc.

But yourself in a position where you have to be impartial and remove the names from the situation and focus on the actions and the facts. Most people here would probably make poor judges because they can't see past their own personal biases and look at the facts of the situation.

All I am saying is WICB can prove in court that they offered to send the best team available at that moment. Not justifying what they did.
 
All I am saying is WICB can prove in court that they offered to send the best team available at that moment. Not justifying what they did.

Sending the best team available at the moment is not the same as sending the best team at the signing of the contract.
That's the crux of the matter.
You have to deliver on the quality you offered at the time of signing of the contract and not in the middle of the performance of contract.
 
If u order goods from an online store and they deliver u goods of substandard quality of the same brand, would u sue the company or not?
Same analogy with the bcci here.

If you order some goods online and it is unavailable at the later point of time then the store keeper offered you a different brand of goods. Whether the quality is as good as the one you picked depends on when you use it. If you dont want the other brand store keeper is ready to return the money you already paid. Now what store keeper cannot return is notional loss you project if you dont have the same brand.

Sorry Atleast the Indian consumer forum in terms of the goods are not with the consumer unfortunately. Am just arguing on what the judicial is in store for bcci
 
All I am saying is WICB can prove in court that they offered to send the best team available at that moment. Not justifying what they did.

The problem with your solution is that the WICB had influence in the quality of the team to be provided. They chose to play brinkmanship thinking that the players would not play hardball. In other words they used the fact that the players were on tour as leverage in internal negotiations. Very unprofessional and I can understand why the BCCI, or any organisation, would be wary of engaging in further business with a body that is so shambolic.
 
WI should ask Bravo and other IPL players from their team to pay up that $42 millions or they lose their NOC for IPLs.

They have to grant NOCs. I think the WI players went to court compelling that. Not to mention that they can just retire if they don't grant NOCs.
 
If you order some goods online and it is unavailable at the later point of time then the store keeper offered you a different brand of goods. Whether the quality is as good as the one you picked depends on when you use it. If you dont want the other brand store keeper is ready to return the money you already paid. Now what store keeper cannot return is notional loss you project if you dont have the same brand.

Sorry Atleast the Indian consumer forum in terms of the goods are not with the consumer unfortunately. Am just arguing on what the judicial is in store for bcci

Where did the WI return the money in this case?
That's why the bcci is fighting this case, to get it's money back
 
Sending the best team available at the moment is not the same as sending the best team at the signing of the contract.
That's the crux of the matter.
You have to deliver on the quality you offered at the time of signing of the contract and not in the middle of the performance of contract.

What is the best team. Did WICB signed the contract with all the names of 15 member team that they are going to send? Can you confirm that.

You cannot prove from BCCI per say that this is the best team and not the other.
 
I'm really confused here. So organisations can break contracts "because it's not their fault, their employees wouldn't listen to them" and there is no ramification for their actions? That's what some people are suggesting. Forget this is the BCCI for a second. I know we all hate their guts but try to think impartially for a second. This behaviour is acceptable?
 
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