[15] I will deal first with the request for a postponement. Gautam Gambhir correctly states that the principle governing the procedure to be followed is that of Natural Justice. This in turn requires procedural fairness, and what is fair in any particular case will depend on the circumstances. Two relevant factors in the present matter are that he was able to see the video at the hearing on 30 October, and that he pleaded guilty to the charge of breach of the Code of Conduct. There were accordingly no disputes of fact, and the only issue in this appeal is whether the penalty is disproportionate in all the circumstances, particularly bearing in mind the provocation to which he had been subjected.
[16] In considering the proportionality of the penalty, I am prepared to accept that he had been the victim of prolonged and persistent verbal abuse by members of the Australian team, culminating in a moment of anger that led to his unfortunate lapse. I would add in his favour that the manner in which Shane Watson had raised an arm as he ran past for the first run, could have been taken by him as a mocking gesture, and thereby could have served as the last provocative straw. Furthermore, I accept, as the umpires did, that the actual contact was not serious.
[17] The points he wishes to make have already been made, and for purposes of this appeal I fully accept their veracity. In this context, further delay would leave him (and the selectors, and the public) in the unenviable position of not knowing where he stood in relation to the upcoming Test match, without any corresponding benefit as far as the appeal is concerned. Similar considerations apply in relation to his request for an oral hearing. The right to be heard in terms of natural justice does not necessarily imply the right to an oral hearing. In a case where important questions of fact are in dispute, it would ordinarily be correct to hear the appellant speaking and answering questions in his or her own voice. In other matters, given the great distances and the time differences usually involved, and the desirability of speedy resolution, it would ordinarily be reasonable to rely on written submissions only.
[18] No explanation has been offered as to why the request for oral hearings and the right to legal representation are made at the last minute. Nor is it clear how acceding to them would in any material way contribute to a better resolution of this matter.
[19] The fact is that on the evidence before me, I am already satisfied that the probabilities strongly favour the submission that Gautam Gambhir was, as he claims, subjected to inordinate verbal provocation by the fielders; that the raising by Shane Watson of his arm could have been seen by him as an aggressive gesture; and that the physical contact, while deliberate, was not heavy. The only question before me is whether these factors, taken together, make the 1 Test match ban unduly severe.
[20] In this respect, I cannot ignore the fact that this was the second time within a year that Gautam Gambhir had been found guilty of losing his cool while setting off on a run, the first having been nearly a year ago when he collided with the Pakistani player Shahid Afridi. A perusal of the documents in that matter makes it clear that his claim of an accidental collision was not accepted, and a fine of 50% of the match fee was imposed.
[21] Furthermore, cricket is not a contact sport. Small collisions can lead to big ones. Players must constantly be on guard to avoid physical contact with opposition players. The risk of accidental collision must be cut down. Deliberate collision can never be condoned, however grave the provocation.
[22] At the same time, it is not only physical argy-bargy that must be minimised. Constant verbal assaults are also unbecoming, and also bring the game into disrepute, the more so if their intention is to break the player's concentration and provoke a loss of temper. To my mind, these 'verbals' as they are euphemistically called, whether they involve swearing or not, provide a kind of tension and aggression inconsistent with the spirit of cricket. Yet even if a case can be made out that the time has come to consider whether sledging has any place in cricket at all, one form of unbecoming conduct cannot justify another. However severe the verbal assaults on them may be, players are obliged not to give vent to their anger through physical retaliation. They must respond with their prowess as cricketers, and not with the furious muscle of out-of-control anger. Even a hint of physical retaliation must be strongly dealt with. And captains and umpires should be astute not to allow any badgering which raises the temperature and encourages undue ire.
[23] Accordingly, while not without sympathy for Gautam Gambhir, I cannot find that the penalty imposed on him is so disproportionately severe that I should intervene. He concedes that what he did was unacceptable. It was not the first time. Millions of people saw it. Though his excellence does not require him to be better-behaved than mediocre players, it does not give him immunity from the rules of the Code of Conduct. The cricketing world is entitled to expect from him and all cricketers the highest standards. The rules against actual or threatened violence against opponents must be strictly enforced. The appeal must fail. The penalty stands.