S. K. HAZARI, J. ( 1 ) THIS is an application under Rule 1 Chapter XIII of the original Side Rules of the Calcutta High Court. The point involved in this case is of great public importance in the field of sports and as such. the point requires careful consideration. Here, the court has been called upon to interpret certain rules framed by the Indian Foot-ball Association. The plaintiff No. 1 is the Indian Foot-ball Association and the plaintiff No. 2 is Shri Pradyut Kumar Dutta, the Secretary of the Indian Foot-ball Association. The plaintiff is an affiliated Association of the pro forma defendant, All India Foot-ball Federation. There is an Association called Federation of International Foot-ball Association which controls and manages the International Foot-ball Matches and Tournaments. The said Federation of International Foot-ball Association has its own Rules and Regulations and also constituted the international laws and/or rules of foot-ball games as also laws/rules relating to international foot-ball matches/tournaments. The pro forma defendant is a member of the said Federation of International Foot-ball Association which is popularly known as FIFA. ( 2 ) THE plaintiff conducted foot-ball League for the year 1986 and the defendant 1 Mohan Bagan Athletic Club, defendant 2 Police Athletic Club and 12, other Clubs participated in the First Division 'a' Group of the Calcutta Foot-ball League for the year 1986. In terms of the arrangement and/or fixtures each of the said 14 terms was to play 28 matches. ( 3 ) ON 15th July, 1986 Mohan Bagan Athletic Club played a league match with Rajasthan Club at its home ground. In the same match one Mastan Ahmed participated and played for the Mohan Bagan Athletic Club. During the said match the said Mastan Ahmed for committing an offence was shown "yellow Card" by the Referee conducting the said match. The concerned Referee duly submitted a report of the said match to the Indian Foot-ball Association. By the letter dated 16th July, 1986 the Indian Foot-ball Association duly communicated to the Mohan Bagan Athletic Club as to the said caution given to its said player by the Referee. The said letter of 16th July, 1986 is set out herein below : (Seal) Indian Foot-ball Association West Bengal 11/1, Sooterkin Street, Calcutta-700 072 No. CFL/400/1/4300 dated 16-7-86 To The Hony. Secretary, Mohan Bagan A. C. Calcutta. The said letter of 16th July, 1986 is set out herein below : (Seal) Indian Foot-ball Association West Bengal 11/1, Sooterkin Street, Calcutta-700 072 No. CFL/400/1/4300 dated 16-7-86 To The Hony. Secretary, Mohan Bagan A. C. Calcutta. Dear Sir, We do hereby confirm the caution given to your player Shri M. Ahmed (No. 6) and Muniappa (No. 22) by the Referee, who supervised the C. F. L. 1 st Division, Gr. A. Match between Mohan Bagan A. C. and Rajasthan Club on 15-7-86. Please note that recurrence of such incident the players concerned of your club will automatically be suspended from playing the next match to come. **** **** **** **** **** **** **** **** Thanking you, Yours faithfully, Sd/- Illegible. Hony. Secretary. ( 4 ) ON 26-7-86 Mohan Bagan Athletic Club played another league match against Port Trust at its home ground. During the said match the said Mastan Ahmed due to commission of an offence was also shown 'yellow Card' by the Referee conducting the said match. The said match, however, could not be concluded due to heavy downpour and was abandoned after 65 minutes of play. Mohan Bagan A. C. played its next match on 28-7-86 against Police Athletic Club. The said match was played by the football players of the Mohan Bagan A. C. including the said Mastan Ahmad and Mohan Bagan wan the said match by two nil. After the play was over the Police A. C. lodged a protest in writing to the Calcutta. Football Sub-Committee of the I. F. A. , inter alia, contending that Mohan Bagan A. C. illegally fielded to and/or allowed Mastan Ahmed to play the match between Mohan Bagan A. C. and Police A. C. played an 29-7-86. It was further contended that Mastan Ahmed was not entitled to participate in the said Match in view of the 'yellow Card' shown to him twice in the matches held on 15-7-86 and 26-7-86. ( 5 ) THE rule for disciplinary measures of the I. F. A. is as follows :-"sl. No. Nature of Offence Punishment adopted by the A. I. F. F 1. When a player is cautioned by the Referee (without expulsion) for :- (a) rough play. (b) Criticism of the Referee's (c) Damaging remarks concerning other players, spectators or referees. (d) Temporarily leaving the field of play without notifying the referee before. (e) other less important unsporting gestures. No. Nature of Offence Punishment adopted by the A. I. F. F 1. When a player is cautioned by the Referee (without expulsion) for :- (a) rough play. (b) Criticism of the Referee's (c) Damaging remarks concerning other players, spectators or referees. (d) Temporarily leaving the field of play without notifying the referee before. (e) other less important unsporting gestures. If it is the first offence to confirm the caution in writing. In case of repetition, to spectators or suspend the player for one match in the competition/competition to come. In the case of third caution to suspend from further participation in the tournament or suspend for 2 games for the competition to come. " ( 6 ) HERE the question is whether the abandoned match should be taken to be a valid match and 'yellow Card' shown in that abandoned match should be and/or could be taken into account for the purpose of suspending the player in question in the subsequent match. ( 7 ) IN course of argument the I. F. A. produced the Caution register and it transpires from the Caution Register that there is no entry of showing 'yellow Card' during the second match. It was contended by Mr. Somnath Chatterjee appearing for Mohan Bagan A. C. that the I. F. A. considered the second match. which was an abandoned match as non est and that is why in the Caution Register there is no entry of the second match and for all practical purposes, the second match was an abandoned match and was non est and as such, the 'yellow card' shown to Mastan Ahmed during the second match is also non est for all purposes. I hold that the second match which was abandoned after 65 minutes of play was non est and the 'yellow Card' shown in the second match should not be taken into account for the purpose of inflicting any punishment on any player. ( 8 ) THE point involved in that case is of great public importance in the field of sports and as such the point requires careful consideration. Here the court had been called upon to interpret certain rules framed by Indian Football Association. ( 8 ) THE point involved in that case is of great public importance in the field of sports and as such the point requires careful consideration. Here the court had been called upon to interpret certain rules framed by Indian Football Association. In this case he admitted the fact that Mastan Ahmed was shown a yellow card in the first match against Rajasthan Athletic Club and he was again shown Yellow Card for the second match against port Trust which was admittedly abandoned after the 65 minutes of the play. In this case Mastan Ahmed had taken part in the third match, namely against police Athletic Club who lost in the match by two goals to nil and after the match was over, the Police Athletic Club lodged a complaint alleging that the Mohan Bagan Club should not be given any points for winning the match as it acted illegally in allowing the said player to participate against Police Athletic Club and the point which was due to be earned by Mohan Bagan Club should be awarded to them on this ground. The relevant rule in this behalf is that for rough play, punishment adopted by Indian Football Association is that "if it is the first offence confirm the caution in writing. In case of repetition suspend the player for one match in the competition to come. In case of third caution to suspend for further participation in the tournament for suspension of two games in the competition to come. " Here the question is whether the abandoned match should be taken to be a valid match and the Yellow Card shown in that abandoned match should be and/or could be taken into account for the purpose of suspending the player in question in the subsequent match. Admittedly, the player concerned was not given anything in writing regarding the second offence alleged to have been committed by the player in the second match which was ultimately abandoned. Regarding the effect of abandoned match, it may be pointed out that all the parties have submitted that the goals scored in such abandoned match are not counted in the tournament and for all practical purposes the match is treated as non est. Regarding the effect of abandoned match, it may be pointed out that all the parties have submitted that the goals scored in such abandoned match are not counted in the tournament and for all practical purposes the match is treated as non est. But the Counsel appearing on behalf of the Indian Football Association and East Bengal Club submitted that the effect of showing yellow card in such abandoned match remains valid and is to be taken into account for the purpose of disciplinary action. In this case in the rules, it is expressly pointed out that in case of first offence, a caution is to be given in writing, but in case of second offence, nothing appears to have been given in writing. Now the rule provides in case of repetition to suspend the player for one match. Points have been raised and a lot of arguments has been advanced on the question whether notice has to be given before any suspension is to be made effective in such case. The rule provides "in case of repetition to suspend the player. " The word "to suspend" contemplates that a positive action has to be taken in other words, some overt acts have to be done to suspend such a player formally. If the interpretation sought to be given by I. F. A. and East Bengal Club is accepted, in that event this court have to hold that in case of first offence notice is to be given in writing giving a caution and there is no requirement for giving any notice in writing when for repetition of second offence suspension is to be made. If the interpretation, as sought to be given by the Counsel appearing on behalf of the Indian Football Association and East Bengal Club is accepted in this regard in my view, it will lead to anomalous situation and in this connection reference may be made to the judgement of the House of Lords in the case of Seaford Court Estates Ltd. v. Asher reported in (1949) 2 K. B. 481 at page 499 wherein it was observed that "we do not sit here to pull the language of Parliament to, pieces and make nonsense of it. That is an easy thing to do and it is a thing to which lawyers are too often prone. That is an easy thing to do and it is a thing to which lawyers are too often prone. We sit here to find out the intention of Parliament and of ministers and carry it out and we do this better by filling in the gaps and making sense of the enactment than by opening it up to destructive analysis". Reference also may be made in this connection. The observation of Lord Justice Denning in the case of Eddis v. Chichestov-onstable reported in (1969) 2 Ch. 345 at page 358 also reported in (1969) 2 All ER 912 wherein Lord Denning observed that "i know this means that we in this court are filling in a gap left by the legislature - a course which was frowned on some years ago. But it would rather the courts fill in a gap than wait for Parliament to do it. Goodness knows when they would set down to it. It would apply the principle which I stated in Seaford Court Estates Ltd. v. Asher, "a judge, should ask himself this question : If the makers of the Act had themselves come across this ruck in the texture of it how would they have straightened it out. He must then do as they would have done. A judge must not alter the material of which it is woven, but he can and should iron out the creases". If the construction as sought to be given by the Counsel appearing for Indian Football Association and East Bengal Club is accepted in my view, it would lead to some palpable and evident absurdity. Accordingly, I hold that in case of repetition of offence for the second time an order of suspension had to be passed in writing and to be intimated in writing to the player concerned. If it be the intention of rule-making authority that in case of first offence entailing no punishment excepting a caution, a notice is to be given in writing. But in case of repetition of offence which entails a severe punishment of suspense no notice is to be given. Such an unreasonable intention could not be assured. If it be the intention of rule-making authority that in case of first offence entailing no punishment excepting a caution, a notice is to be given in writing. But in case of repetition of offence which entails a severe punishment of suspense no notice is to be given. Such an unreasonable intention could not be assured. After all, this rule governs players and clubs who are engaged in the sports world and who play and during the play occasionally make rough play, which are punishable but after all the persons concerned who are subject to these rules are all sportsmen and in this matter of the sports world Court will not take a legalistic view. ( 9 ) IT may be further pointed out that the rule of construction in such penal statutes pointed out by Lord Esher in the case of Tuck and Sons v. Priester (1887) 19 Q. B. D. 629 at page 638 "if there is a reasonable interpretation which will avoid the penalty in any particular case, we must adopt that construction. If there are two reasonable constructions we must give the more lenient one. That is the settled rule for construction of penal Sections. " ( 10 ) ACCORDINGLY, I held that in case of repetition of offence a formal communication suspending the player has to be made and the player concerned should be made aware of such suspension. The word "to suspend" in my view should be construed as to pass an order of suspension and communicate the same in writing. It is clear that the context demands that the words should be construed in the way I have indicated. Before a player is punished he must be informed of the same. ( 11 ) ACCORDINGLY, I hold that a decision has to be taken suspending the player for repetition of offence and the same is to be communicated to the player and the club concerned. In this particular ease nobody was fully aware of the legal effect of such an abandoned match. If the match is treated to have been abandoned for all practical purpose, it must be held that no match at all took place, in other words the match took place was non est in the eye of law. In this particular ease nobody was fully aware of the legal effect of such an abandoned match. If the match is treated to have been abandoned for all practical purpose, it must be held that no match at all took place, in other words the match took place was non est in the eye of law. Under such circumstances it is difficult to uphold a contention that even the match is abandoned and everything in the said match is treated as null and void, but the yellow card shown in such a match remains valid and carried forward for the purpose of punishment. Such an interpretation, as already held, could not be given as that would lead to an absurd situation which would be destructive of the rules of the games. In this connection it may be mentioned that all the parties were quite ignorant about the effect of showing yellow card in an abandoned match. It appears that before the disputed match was started, no objection whatsoever was taken by the Police Athletic Club and it also appears that interest of any party was not affected by allowing the said player to play in such a match. In any event, when the match was over and everybody returned home knowing the result of the game, it is unfortunate that long thereafter sitting in a cool room, the result of the said game was nullified and instead of giving three points to Mohan Bagan Club the same was taken as if in the said match Mohan Bagan Club had lost in the match and three points were given to a team who was defeated on the playground. It is not expected that the Indian Football Association who is dealing with football will take such a view long after the match was over. The other interesting point is that the said rules nowhere provide, that in such a case the points earned by the club should be deducted and given to the opponent. In the matter of Sports World in my view Indian Football Association should not take such a destructive view. The other interesting point is that the said rules nowhere provide, that in such a case the points earned by the club should be deducted and given to the opponent. In the matter of Sports World in my view Indian Football Association should not take such a destructive view. ( 12 ) ON the contrary Mohan Bagan Club Authorities should have taken care that before allowing such a player to play in such a position they should have enquired about the view of the Indian Football Association about the effect of such an abandoned match, in which the said player was shown yellow card. Such a big club should not act in such a cavalier fashion and in my view the club also had not acted in a responsible manner. Similarly, I have to condemn the action of the Indian Football Association which is the oldest sports organisation in this part of the country for taking such a step in a manner which is unwarranted. The said authority has forgotten that they are dealing with the players and clubs engaged in sports and if the spirit of sports is to be maintained, in that event, the Indian Football Association should have acted in a manner consistent with that spirit. As hereinbefore stated the action taken by the Indian Football Association had produced injustice, absurdity, anomaly or contradiction and as such I have to take this view even though the rules do not provide in clear words that order of suspension is to be made in writing, I am inclined to hold that such a notice is imperative. Otherwise, it could create good deal of complication and produce results adverse to the interest of sports. Such a responsible authority is not expected to take action which is on the face of it unreasonable and they must remember that they were dealing with the conduct of the players. In the Sports World, the spirit of sports had to be maintained and that the rule must be made clear and there was no rule authorising the Indian Football Association to count an abandoned match for the purpose of imposition of penalty. When such a severe penalty is imposed it is expected that the rules must be clear so that one can understand the matter. When such a severe penalty is imposed it is expected that the rules must be clear so that one can understand the matter. It is now a firmly established principle of law that where misconduct when proved entails penal consequences, it is obligatory to specify and if necessary define it with precision and accuracy. So that any ex post facto interpretation of some incident may not be camouflaged as misconduct. See the case of Supreme Court in A. L. Kalra v. Project and Equipment Co. Corporation of India Ltd. AIR 1984 SC 1361 . In my view on the basis of the languages in the rule it was neither fair nor proper on the part of I. F. A. to award three points to Police Athletic Club who lost in the play ground and deduct three points from the account of Mohan Bagan A. C. who won the match in the field. The fruit of the victory cannot be allowed to be taken away on the basis of such vague rules causing serious prejudice to a football team, I. F. A. dealing in such matter relating to football matches did not play fairly though they were required to do so. ( 13 ) ACCORDINGLY the questions are answered as follows :-"ques. I) Whether by reasons of showing "yellow Card" by the Referee to Sri Mastan Ahmed (a player of the defendant No. 1) in two league matches held on 15th July, 1986 and 26th July, 1986 the defendant No. 1 and Rajasthan Club and Port Trust respectively, the said Mastan Ahmed was debarred from playing and/or participating in the immediately next match (held on 29th July, 1986 between the defendant No. 1 and Police A. C.) following the match held on 26th July, 1986 ? Ans. No. Ques. II) Whether a caution, given to a player for the second time in a match which could not be completed but had to be abandoned due to circumstances beyond the control of the participating teams and/or referee, would remain operative and/or be binding upon such player; although the said abandoned match was subsequently replayed ? Ans. No. Ques. III) (a) Whether it is incumbent and/or obligatory and/or mandatory upon the plaintiff No. 1 to communicate the factum of caution shown to any player for the second time to any participating team in writing or otherwise ? Ans. Yes. Ques. Ans. No. Ques. III) (a) Whether it is incumbent and/or obligatory and/or mandatory upon the plaintiff No. 1 to communicate the factum of caution shown to any player for the second time to any participating team in writing or otherwise ? Ans. Yes. Ques. III) (b) If so, whether non-communication of the occurrence of such offence and caution made in respect thereof, to any participating team would absolve such offending player from the offence and participation of the said player in the immediately next match would not amount to illegal and unlawful participation by him ?ans. No. ( 14 ) ALL the parties submitted before this court that this court should not enter into the question as to whether this application under Rule 1 of Chapter 13 of the Original Side Rules of the Calcutta High Court (sic) and the parties submitted that the decision should be made by this Court so that the controversy in the field should come to an end. Accordingly, I hold that this decision will not operate as a precedent and this decision is made in the facts and circumstances of this particular case without entering the question as to mandatory (sic) of the application. ( 15 ) SINCE the championship in respect of the Calcutta Football League Group 'a' Matches is pending for the year 1986 for a long time, the Indian Football Association is directed to hold its meeting within a week from this date and to dispose of the matter according to the Rules. Order accordingly.