A day after Mohun Bagan slapped him with a six-month suspension, Bhaichung Bhutia has decided to take the legal route against his club, appointing renowned legal expert Usha Nath Banerjee to handle the issue. Banerjee has been involved with several high-profile cricket cases in the past, having represented Jagmohan Dalmiya in his fight against the BCCI in the funds misappropriation case and is currently part of the Special Committee appointed to probe last year’s IPL funds imbroglio at the Cricket Association of Bengal (CAB).

But while Bhutia has refrained from saying too much so far — he broke his silence for the first time telling IANS: “I am not going to play for Mohun Bagan. This (suspension) is just a ploy to keep me at Mohun Bagan for another season. I will play for whichever club suits me best.” — the 32-year-old’s lawyer met the press here on Tuesday. Banerjee not only raised questions on the legality of Mohun Bagan’s decision to show-cause the player (in May) and then to suspend him for six months based on the reply to the show-cause last month, he even questioned the merit of the show-cause itself.

“Rule 22A(a) of the Indian Football Association (IFA) categorically states that any registered club can suspend a registered player, but the suspension will be treated as ‘unjust’ if it is imposed without going through prior disciplinary proceedings. In that case, the club can even face punishment.

“Also, the show-cause letter issued to Bhutia is not at all a show-cause letter. In that letter, the club has only sought a clarification,” Banerjee said. “The club should have asked the player to appear before the executive committee, asking him to explain why he shouldn’t be penalised for skipping the exhibition match. The club issued Bhutia a suspension letter without going through disciplinary proceedings.” He added that legally, Bhutia was a ‘free player’. “As per Bhutia’s agreement with Mohun Bagan for 2009-10, his monthly salary would be effective only after he completes registration with the club before the season begins. He has not done that. In that case, he should be treated as a ‘free player’.”

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