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Regular-article-logo Wednesday, 07 May 2025

SC leaves the Board with simply no choice

NO 2nd innings for BCCI: Apex Court

OUR Legal Correspondent Published 05.02.16, 12:00 AM

New Delhi: Using cricket jargon, the Supreme Court, on Thursday, told the all-powerful Board of Control for Cricket in India (BCCI), that it cannot have a "second innings," but must forthwith implement recommendations of the Justice Rajendra Mal Lodha Committee, for drastic restructuring and transparency in the Board.

A special bench of Chief Justice of India Tirath Singh Thakur and Justice Fakkir Mohamed Ibrahim Kalifulla, however, granted time to the BCCI to come out with its stance by March 3, failing which the court indicated appropriate orders would be passed for implementation of the January 4 report submitted by the committee.

On January 4 this year, the Lodha committee had recommended drastic measures, including legalising betting in cricket, bringing the all powerful cash-rich BCCI under purview of the RTI Act. It also recommended a three-year cooling period for president and other office bearers from contesting polls.

On Thursday, when the committee's report came up for consideration, senior counsel Shekhar Naphade, appearing for the BCCI, sought four weeks time for considering the report. He told the court that the recommendations had been forwarded to all the 30 BCCI members for their views.

Further, Naphade told the court that on February 7, the "legal committee" of the BCCI would examine the recommendations and give its views.

However, CJI Thakur was not impressed with the argument and bluntly told the senior counsel that there was no need for BCCI to give its views, as the panel (also comprising two other former Supreme Court judges - Justices Ashok Bhan and R V Raveendran) had given a "viable and rationale" report.

"We will take an easy way out. We will ask the very same committee to implement it... We will tell them the BCCI has some problems, so please help them in implementing it.

"We have seen the report. When all the members have been consulted and their views have been taken, what is the problem?" the CJI asked. Naphade argued that the BCCI was a company registered under the Societies Act, hence would have legal and technical problems as a question may arise whether it can enforce the recommendations on other state associations and members affiliated to it.

"We are awaiting the response from the members" Naphade told the court.

However, CJI Thakur, known for his tough approach in his own inimitable soft way, told the BCCI: "They (members) have all been heard. We can't start a fresh process of debate. You take a realistic view of the matter and do according to the recommendations. The report deserves respect, as it has been done by the most competent and well meaning members of the legal fraternity.

"They have done a neat job. They had done a very extensive job. They have practically heard every stake holders. They have submitted a very viable and rationale solution. It may not be in the interest of some people who are holding power. Any transition has to have its problems."

A grab of The Telegraph’s report which appeared on January 6, 2016

Naphade said: "It involves sweeping changes. We are not taking a obstructionists' view and even if you want to accept 100 per cent of the report, it may require time."

However, CJI Thakur observed: "We will accept all the recommendations. We will ask the committee to continue. They will help you in implementing the recommendations.

"This is not a second innings. There is no complication in the reports which are straight and rationale. We have no reasons to disagree with the recommendations.

"Decks must be cleared for a complete reform. If you have any difficulty, we will ask the committee to steer the BCCI... to clear your problems and to implement the recommendations."

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