BCCI Board Lives To See Another Day, For Now
After a two-hour long hearing, the Supreme Court bench led by the Chief Justice of India observed that removing the top management of the Indian cricket board will be an extreme step but made it clear that they will pass orders with alternate options to ensure that the Justice Lodha committee's recommendations are implemented.
The apex court reserved its order on the court-appointed Justice Lodha panel's plea seeking to replace the cricketing body's entire top management with administrators.
Administrators can be appointed to look into financial deals, funds disbursement, contracts, tenders for upcoming matches till BCCI and state associations reform...Gopal Subramaniam, Amicus Curiae to the case to Supreme Court
The apex court asked the counsel for the Board for Control of Cricket in India if it was willing to give an undertaking that it will abide by the court's orders. Senior advocate Kapil Sibal and BCCI counsel said the cricket board needs more time to get all state associations on board.
In a recent meeting we were not able to convince and get all state associations on board to implement reforms. We need more time...Kapil Sibal, BCCI Counsel to Supreme Court
Replying to the court's questions raised in an earlier order, BCCI president Anurag Thakur told the court via an affidavit that he did not ask the International Cricket Council (ICC) to write a letter stating that Justice Lodha panel's intervention and appointment of a nominee from the Comptroller and Auditor General of India amounts to "governmental interference".
His affidavit claimed that he had asked Shashank Manohar, the present ICC chairman, to clarify his stand and justify the statements made by him about governmental interference when he was heading the BCCI.
Lodha Panel Overstepping Jurisdiction?
Nevertheless, Sibal argued that the Justice Lodha panel was going over and above the court's mandate to reform the board. "The panel cannot rule the game of cricket and cannot take administrative decisions. Those should best be left to the BCCI. Appointing administrators to oversee BCCI is not the remedy but adds to the disease. BCCI also wants transparency," he told the court.
The Supreme Court on October 7, 2016 had passed an interim order barring the BCCI from releasing funds to state cricket associations till they undertake reforms recommended by the Lodha panel.
Justice Lodha committee had approached the Supreme Court seeking the replacement of BCCI's top brass with administrators from the field of cricket and the judiciary. The panel sought this change on account of non-compliance of the court's orders by the cricket board.
The Lodha committee has also raised objections to remarks made by former apex court judge Markandey Katju against the committee and the judiciary in his report to the BCCI.
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