The Board of Control for Cricket in India on Friday charged the Supreme Court with crossing judicial limits by interfering in its private affairs, like internal management, flow of finances earned from distributing media rights for matches and membership patterns, prompting the court to ask the BCCI if it is “refusing to be reformed.”
The hearing before a Bench of Chief Justice of India T.S. Thakur and F.M.I. Kalifulla witnessed a face-off between the apex court and the BCCI.
The BCCI’s aggressiveness in court came on top of weeks of underlying tensions following sweeping changes recommended by the Supreme Court’s committee headed by former Chief Justice of India R.M. Lodha in the membership patterns of the Board, its structure, elections, eligibility for office-bearers like 70-year age cap and bar on Ministers in cricket administration to usher in transparency and accountability in Indian cricket. The BCCI, represented by senior advocate K.K. Venugopal, said any interference in its basic character and functioning was a violation of its fundamental rights under Article 19 (1) (c) (right to form associations) of the Constitution.
“This is a private body and can arrange its matters in whatever way it wants. Memberships are part of internal management. In case of complaints, approach the Registrar, Co-operative Societies or the police station or the court. There has been no instance of malfeasance to trigger interference which will change the very character and functioning of the Board,” Mr. Venugopal submitted.
He said it was all very well to say the court was intervening for the sake of cricket and for the millions who watch the game.
“If that is the case, please consider intervening in the case of badminton, football, etc.,” he said.
Chief Justice Thakur shot back, saying the Supreme Court was not interested in controlling table tennis or football or kho kho or kabbadi. “Every single penny you hold in trust is for the benefit of the game and for those who play and for the millions of cricket lovers who pay you to watch the game…Are you not accountable to them? Are you refusing to be reformed,” Chief Justice Thakur asked.
The Chief Justice asked why the Board was against the Lodha committee’s recommendation to have a nominee from the Comptroller and Auditor-General’s office on board.
“You say a CAG nominee will be in defiance of the ICC Rules. But you have government ministers on board… is that also not in defiance of the ICC Rules,” he asked.
The court said the Lodha panel’s recommendations were not meant to shrink the stature of the BCCI but to help it perform its public functions in the best way.