Author: Sanghita Ghoshal (BBA.LLB)
Introduction
India hosted its first-ever Commonwealth Games in New Delhi in 2010. The international multi-sport event witnessed participation from over 4300 sportspersons from around the globe. India was honored with the responsibility of providing adequate accommodation, food, and other basic requirements for the visiting athletes. A large-scale project needed to be undertaken to ensure the success and smooth running of the mammoth event. With the eyes of the World fixed on it, India struggled under the pressure of hosting the event with its long-standing history of corruption, misuse of funds, and substandard results. Amid fears over the levels of hygiene and security issues in the game village, the international media criticized the organizers for delays and threats of athlete boycott. Despite the complaints and problems, the 12-day event proceeded uninterrupted. The reality of the situation became much clearer after the international participants and media left the country. The true story of the organization of the CWG 2010 was yet to be fully acknowledged.
Background Facts
- India was selected as the host for the 2010 Commonwealth Games in a Commonwealth Games Federation general meeting in Jamaica in 20023.
- India was the first independent Commonwealth Republic to host the Commonwealth Games.
- In January 2010, the president of the CGF was informed that there was a delay in the preparation of the venues and that they might be a risk to the event.
- Suresh Kalmadi was appointed as the head of the CWG organizing committee.
- The games were hosted at 20 venues, 5 of which were newly constructed for the CWG 2010.
- Many venues witnessed large-scale renovations including the Jawaharlal Nehru Stadium.
- The initial budget decided at the General Assembly in 2003 was 1620 Crore rupees. By 2010 the budget exceeded seven times the initial amount.
- Criticisms of the Games included concerns about the living conditions at the Game Village, potential infrastructural collapse due to heavy rains in Delhi, and the threat of a terrorist attack.
- Immediately after the completion of the event, the Indian Government launched an investigation into the workings of the CWG Organizing Committee. A special Committee was formed to investigate the allegations of corruption and mismanagement.
- Parallel investigations were launched by the Central Bureau of Investigations and the Vigilance Bureau.
- Suresh Kalmadi, head of the CWG Organizing Committee was arrested by the CBI on 25th April 2011 under sections 120 (b) Criminal Conspiracy and, 420 Cheating of the Indian Penal Code.
Legal Issues
- Corruption Charges
Corruption charges against a government servant fall under the Corruption Prevention Act 1988. The CPA, 1988 was enacted to manage widespread bribery, misconduct, misappropriation, and misuse committed by public servants. The objective of the Act was to ensure adequate punishment for corruption to deter and prevent the commission of such actions.
The CWG Organizing Committee members were booked under the Act for misusing their power and authority to gain undue advantage by misappropriating official funds.
Section 13 of the Corruption Prevention Act deals with criminal misconduct by a public servant. Suresh Kalmadi, the head of the committee, was at the time a Member of Parliament from the Congress party. He was charged under sections 13 (1) and 13(2) of the Corruption Act. The sections deal with illicit enrichment and punishment for corruption. The punishment under the section can range from 1 year up to 7 years in prison and/or a fine.
He was arrested and later given bail after spending more than 8 months in prison. The Delhi High Court considered the nature of his crimes to be economic and allowed bail. He was also suspended by the Indian National Congress after he was arrested. Moreover, due to the serious scale of the charges against him, his role as the president of the Indian Olympic Association was also terminated.
Suresh Kalmadi was prevented from participating in the opening ceremony of the 2012 London Olympics by the Delhi High Court to prevent “national embarrassment”.
- Cheating and Forgery
The Indian Penal Code was the primary code of criminal law in 2010 during and after the CWG 2010. It was replaced by the Bhartiya Nyaya Sanhita in 2024. The charges were brought on by the investigation by the CBI into the workings of the Organizing Committee. It was found that the vendors hired by the OC (Organizing Committee) were not based on merit but on a mutual understanding that the bills for raw materials were to be inflated and the quality of the material supplied would be cheap and substandard. These are some of the numerous other allegations and complaints. The contractor hired to develop and build the Game Village was one example of such unethical practices. During the Games, there were several complaints of leaking and collapsing roofs, unsteady construction, and an overall lack of structural integrity. The charge sheet for Suresh Kalmadi’s arrest details documents that had signatures that did not match the handwriting of the person who should have signed them.
Suresh Kalmadi was booked under the following sections of the Indian Penal Code 1860:
- Cheating section 420
- Forgery of Valuable Security, section 467
- Forgery for the purpose of cheating, section 468
- Using as genuine a forged document or electronic record, section 471
- Concealing Design to commit offense punishable with imprisonment, section 120
- Criminal Conspiracy
It was alleged, in the FIR filed against the CWG Organizing Committee, that members of the CWG OC conspired with 3rd party vendors to cheat the government of India.
Section 120A of the Indian Penal Code describes Criminal Conspiracy as an agreement to do an illegal act. An agreement between OC members and vendors to cheat the government into spending more than the required funds on substandard material falls under the ambit of Criminal Conspiracy.
The Courts, through precedent, have often reiterated that awarding of tenders by government employees to unworthy candidates and the amount of money transferred between them in furtherance of the awarding of the tender can be considered Conspiracy against the Government of India. The practice is common in India, despite the attempts of law enforcement and judiciary to crack down upon the criminals.
But the mere scale of the Criminal Conspiracy involved in the CWG 2010 was beyond anything that had happened to date. There were allegations of illegal tender awards in almost all types of contracts including construction, catering, transport, and maintenance. Appeals were made against orders passed by the Special Judge CBI but the Delhi High Court upheld the orders and permitted individual trials for individual allegations for all accused in the CBI report.
Socio-Legal Impact
The Commonwealth Scam of 2010 had far-reaching consequences for India both socially and legally. The Scam brought to light the deep-rooted corruption present among Indian government officials and the indifference shown toward the legal repercussions of corruption.
An international event conducted by the Authorities on Indian soil brought the attention of the world media to the pathetic condition of the Indian sports infrastructure and management. A fate suffered by Indian athletes for decades finally received the remedy of due process.
More than 25 litigations were brought to the Delhi High Court and other courts concerning the mismanagement of the Commonwealth Games. The litigations were often repetitive in nature and the court had to deliver common judgements to address all the issues.
Suresh Kalmadi became a name synonymous with corruption and misappropriation of government funds. Along with the other important members of the CWG Organizing Committee, Suresh Kalmadi was brought to trial for his crimes against the Government of India. An approximate amount of Rs 70,000 Crore was said to have been mismanaged in the CWG scandal.
Heavy penalties, including imprisonment and fines, were suffered by the accused named in the CBI investigation. The sports sector remains rampant with corruption while the athletes suffer in silence. In a well-known incident during the CWG, athletes complaining about the collapse of their roofs were told that it was an ordinary incident and happens all the time in their homes. The surprising amount of negligence and indifference towards inadequate management of sports events and participants is alarming.
Despite of the Prevention of Corruption Act being enacted in 1988, the situation continues to deteriorate. Indian athletes are expected to perform internationally and bring back medals irrespective of their condition back home. The CWG scam and judgments passed thereunder, have been cited in numerous other judgments involving charges of corruption, cheating, and conspiracy. The case has set precedent for all similar cases that are brought before Courts regularly.
The scam has given the government a rare opportunity to work on self-improvement and punish malpractice within the vast network of its employees.
Reference Case Laws
- Suresh Kalmadi vs CBI on 19 January, 2012(2012(5) R.C.R. (Criminal) 556)
- Purushottam Dev Arya vs Central Bureau of Investigation on 2 August 2011(Delhi High Court) Common Judgment
- Sunil Grover vs State on 10 July, 2012
- Suresh Kalmadi – vs- CBI, (2012(1) JCC 734)
Conclusion
Media Reports tell an ugly story of the first CWG held in India. From dirty bathrooms to feces in athlete bedrooms, the reputation of India suffered a massive blow. But the ensuing investigations and trials made the real picture a lot clearer. With high levels of Criminal Conspiracy in the CWG Organizing Committee, it is easy to see that the government servants are not afraid of the law or its consequences. Malpractice by public servants is the rule and not the exception. As India moves towards economic growth and development, it can only be hoped that the ingrained corruption can be flushed out. With the help of appropriate action from government, remedy from the Indian judiciary, and adequate legal frameworks from the legislation, India must look to undoing the impact of the CWG 2010.
Abstract
The Commonwealth Games 2010 is known for the scandal that followed the event. This article attempts to high light the legal aspects of the Scam with regard to the charges and the investigations that were held immediately after the completion of the event. A brief summary of facts provides context to the legal issues and consequences.
FAQs
- Who was responsible for conducting the Commonwealth Games 2010?
The Central government was responsible for conducting the Games. They delegated it to the CWG Organizing Committee which was headed by Member of Parliament and Congress member Suresh Kalmadi.
- What were the allegations against the CWG Organizing Committee?
The allegations included Criminal Conspiracy, Cheating and Corruption under the IPC and the Prevention of Corruption Act.
- What happened to Suresh Kalmadi after the CWG scam?
Suresh Kalmadi was removed from the position of President of the Olympic Association. He was suspended from Congress and spent a total of 10 months in jail after which he was given bail by the Delhi High Court.
