New Delhi: The Supreme Court on Monday made it clear to the BCCI that it must fall in line with the Justice Lodha panel recommendations as it is a public authority discharging public functions.
A bench of Chief Justice T.S. Thakur and Justice Ibrahim Kalifulla rejected the arguments of senior counsel Kapil Sibal, appearing for Baroda Cricket Association that the BCCI and its affiliates cannot be compelled to follow Justice Lodha panel recommendations as they are protected under Article 19 (1) to form associations.
Referring to Mr Sibal’s submissions that there would be enormous political pressure, a bench of Chief Justice T.S. Thakur and Justice Ibrahim Kalifulla asked Mr Sibal, “From where is the pressure coming? What is the political pressure? You must remember when you are referring to the BCCI as a public functionary with a very important public function, then that must sustain the confidence of the people.
The whole idea is about reforms meant for purity and discharge of the trust. We have given time to the BCCI to examine the recommendations and formulate your response. Today, it is not as though the BCCI is taken by surprise.”
When Mr Sibal asked, “Why should state boundary be a cricketing boundary?”, the CJI quipped, “If you want to be part of the BCCI, you have to accept. There is no compulsion behind it.”
Mr Sibal also told the court that neither Parliament nor government can take over the functions of the BCCI. Responding to the court’s queries at the last hearing whether the BCCI was willing to be taken over by the government, senior counsel said any such takeover would be in violation of the citizen’s fundamental right. Mr Sibal said Parliament cannot make a law to take over certain subjects like cinema, drama sports, entertainment as sports is an exhibition of human talent.
The CJI replied, “We have no citizens before us. We have the Baroda Cricket Association. If you have a company secretary and he signs on the shareholders certificate do you make him a citizen? Will you say a citizen has put a signature? When you want to assert your right you have to show your locus. Which right has been taken away? This application before us is by the association. Are we to lift the veil behind the association and say there is a citizen behind?”
Mr. Sibal argued that there can’t be geographical boundaries within cricketing activities. Arunchal Pradesh was smaller than Delhi, and the entire northeast put together was of the size of Maharashtra, he said. The arguments would resume on April 25.
