
The SAFEMA tribunal set aside an ED penalty against the former IPL chief, finding he was framed without evidence. Modi called it a win for due process.
A tribunal threw out a 2018 penalty the Enforcement Directorate had slapped on Lalit Modi and several others tied to the 2009 Indian Premier League being staged in South Africa. The order, dated July 16, runs 105 pages.
Modi, the former IPL chairman, said the ruling was not just personal vindication. It reaffirmed that allegations must be tested against evidence and law, he said through his lawyer.
The cricket board had moved money to South Africa for the event after shifting it from India because the general elections created security concerns. The ED saw that as a violation of the Foreign Exchange Management Act. The main charge was transferring foreign exchange worth about USD 4.99 million (over Rs 243 crore at the time) to an offshore entity without the Reserve Bank of India's prior nod.
Show-cause notices went out in 2011. Penalties followed in 2018 against Modi, some former BCCI executives and others. They challenged the agency's order before an appellate tribunal set up under SAFEMA, the Smugglers and Foreign Exchange Manipulators Act.
A division bench of the tribunal, chaired by Justice Munishwar Nath Bhandari alongside Member Rajesh Malhotra, said Modi was not in charge of the affairs and had been framed without material showing his responsibility. The penalty on him, the order read, was wholly erroneous.
Modi, who lives abroad, has long argued he acted in good faith and in the best interests of Indian cricket and the IPL, committing no personal wrongdoing.
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