SC asks if govt can do BCCI work
New Delhi, Apr 14, 2016, DHNS:
Inclusion of politicians also questioned
The Supreme Court on Wednesday wondered if public functions relating to cricket can be taken over by the government with the enactment of a law in Parliament.
Irked by the bids by the BCCI and other boards to resist the changes recommended by Justice R M Lodha panel, the bench presided over by Chief Justice T S Thakur asked, “Why can’t the public function of the BCCI be taken up by Parliament? The question is if the activity of organising cricket matches, sending and picking up national team, can be taken up by Parliament.”
Senior advocate Kapil Sibal, appearing for the Baroda Cricket Association (BCA), contended there is no restriction on the state to take over activities of the game but it will require change in bylaws and mentioned Article 19(4) of the Constitution.
The court also queried the Mumbai Cricket Association as to why politicians should be necessarily included in the board. “Can we only have politicians as advisors? Shouldn’t the system also function without any politician,” the bench, also comprising Justice F M I Kalifullah, asked Mumbai Cricket Association counsel.
The court, while noting the public function undertaken by the BCCI, said “judicial orders are meant to make your working transparent and objective.”
“Can a registered society say I am delivering public function but will not listen to anyone? So long you are doing public function, you can't say you will not listen,” the bench observed.
The court also pointed out the BCCI’s lack of initiatives in development of cricket in states of Manipur, Mizoram and other North-Eastern states.
It said the monopoly enjoyed by the cricket board was making it to work in such a manner that development of the game has not reached those states.
The court also questioned the BCCI for preferential treatments given to some boards in awarding funds and memberships.
Irked by the bids by the BCCI and other boards to resist the changes recommended by Justice R M Lodha panel, the bench presided over by Chief Justice T S Thakur asked, “Why can’t the public function of the BCCI be taken up by Parliament? The question is if the activity of organising cricket matches, sending and picking up national team, can be taken up by Parliament.”
Senior advocate Kapil Sibal, appearing for the Baroda Cricket Association (BCA), contended there is no restriction on the state to take over activities of the game but it will require change in bylaws and mentioned Article 19(4) of the Constitution.
The court also queried the Mumbai Cricket Association as to why politicians should be necessarily included in the board. “Can we only have politicians as advisors? Shouldn’t the system also function without any politician,” the bench, also comprising Justice F M I Kalifullah, asked Mumbai Cricket Association counsel.
The court, while noting the public function undertaken by the BCCI, said “judicial orders are meant to make your working transparent and objective.”
“Can a registered society say I am delivering public function but will not listen to anyone? So long you are doing public function, you can't say you will not listen,” the bench observed.
The court also pointed out the BCCI’s lack of initiatives in development of cricket in states of Manipur, Mizoram and other North-Eastern states.
It said the monopoly enjoyed by the cricket board was making it to work in such a manner that development of the game has not reached those states.
The court also questioned the BCCI for preferential treatments given to some boards in awarding funds and memberships.
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