Although now with the 4th test imminent it is too late to go through the correct procedure for further appeal, for once i (partly) agree with the BCCI.
Whether it was going to change the outcome (unlikely), Gautam Gambhir should have been given the right to personally speak for himself in the appeals process before the one match penalty was imposed.
With that type of formal protocol adhered to, the BCCI would not have a leg to stand on regarding further action, and their normally belligerent actions could then(hopefully) be shunned by the rest of the cricketing world. As it stands, if they were to include Gambhir in their 12 an ICC non sanctioned match once again looks likely; not a good outcome for the two sides, or the supporters. Let's hope they decide to go with the decision, and follow up on it after the test.
Even though Gambhir: pleaded guilty, has committed another offence in the last 12 months, and the incident was well documented on video, it seems to me that the ICC missed an easy opportunity to make a statement to the world about undue physical contact in the game.
As undesirable as this type of contact is in cricket, the ridiculous notion of allowing this type of behaviour would- I'm sure- see many other countries coming off second best if the Australians (with their winter codes of rugby and Australian rules football so enjoyed by most) squared up for a big 'hip and shoulder'!