Justice Nadira Pathariya passed the order eight months after Dalmiya, a former BCCI president, moved a case of perjury against Pawar and Board officials and prayed for criminal proceedings against them for allegedly producing false documents in court.
The court passed the ex parte order and directed the Registrar (Original side) to initiate criminal proceedings under section 195 of CR P C (prosecution for contempt of lawful authority of public servants for offences against public justice and for offences relating to documents given in evidence), at an appropriate court.
The court then reserved its judgement. The other Board officials were Ratnakar Shetty (Chief Administrative Officer), Niranjan Shah (former secretary), N Srinivasan (Secretary) and Chirayu Amin, junior Cricket Committee Chairman.
Dalmiya's counsel submitted that the former Board chief had been suspended from the BCCI on the basis of an amendment that had not been registered.
In his petition, Dalmiya had alleged that the Board had placed forged documents before the High Court on condonation of the time of application for the registration of an amendment to BCCI's Clause V of Rule 38, which relates to punitive action against a member of the Board.
He contended that the BCCI had wrongly claimed to have received permission from the Tamil Nadu Societies Registration body to register the amendment at a later date.
Stating that an amendment must be registered within three months, Dalmiya's counsel submitted that the application for condonation of delay was filed six years after the amendment was made in September, 2000.
He contended that it was applied for only after suspension of the former Board chief, but had not been obtained then.
Dalmiya was suspended from BCCI by the Board on December 16, 2006 and subsequently forced to resign from post of Cricket Association of Bengal President.
Earlier, Dalmiya's counsel Satyabrata Mukherjee had submitted in April that the BCCI informing the high court in 2007 that the amendment had been duly done and registered, was to the contrary.
He had contended that the document produced before the court was signed by Ratnakar Sheity.
The case of perjury (lying or producing false documents before a court of law) was filed by Dalmiya on July 20, 2007, the day the high court had declared that his suspension from the Board was illegal.