Chief Justice TS Thakur spells out eventuality to Indian cricket board in Supreme Court
Indian cricket board president at the BCCI headquarters in Mumbai in May
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New Delhi: The Board of Control for Cricket in India (BCCI) yesterday faced the Supreme Court's wrath for its "defiant attitude" in implementing the directions of the Justice RM Lodha committee to reform cricket in the country and "hurriedly" disbursing around Rs400 crore to state bodies.
The apex court decided to pass an order on the issue of implementation of directions of the committee headed by former CJI Lodha today after the counsel for BCCI declined to give an "unconditional undertaking by today" that it will seek instructions to abide by the panel's recommendations.
"You must not create a defiant attitude. This is not going to lead you anywhere," a bench headed by Chief Justice TS Thakur said, emphasising that transparency, fairness and objectivity were most important aspects in all decisions.
Big day today
The bench was pained at BCCI's stance that the verdicts and directions of the apex court and the Lodha panel were contrary to statutory provisions, saying its reluctance to accept them was part of a 'strategy' or 'design', after senior advocate Gopal Subramaniam, assisting as an amicus curiae, drew attention to the BCCI's affidavit.
The bench, which will pronounce the order today said the BCCI cannot pass the buck and allow state bodies to defy reforms, adding there should be "immediate stoppage of flow of funds to them" as this was public money.
"Once you are at the forefront of defiance, you are giving them (state associations) the lead for defiance," the bench, also comprising Justices AM Khanwilkar and DY Chandrachud, added.
It also warned BCCI that it will not disburse grant to state bodies which were reluctant to follow the directions of the committee, which was not an ordinary panel but comprised of three former judges of the top court.
When senior advocate Kapil Sibal, appearing for BCCI, expressed difficulty in following the directions of the Lodha committee asking the cricket body to comply by September 30, the bench said, "your President (Anurag Thakur) should have taken the trouble to explain to the Lodha committee about the difficulties and should have sought extension of time."
It said BCCI has to cooperate with the committee in implementing the directions, as so much time has been devoted by the apex court and the Lodha panel which also had former apex court judges Ashok Bhan and R V Raveendran as members.
The bench asked, "why should we waste time on reforms in the BCCI? People are waiting to come out of jails. Resisting directions of committee of former Supreme Court judges will not help in any way."
'Get tough on state units'
"If state associations are reluctant to reform, then why give them the grant," it said, adding, "it is not a small amount. You are giving Rs 25 crore to each of them. Why you are in a hurry to disburse the money."
The bench expressed displeasure that around Rs400 crore were disbursed on September 29, two days ahead of the extraordinary general body meeting on October 1. Sibal said the BCCI was obeying the recommendations of the Lodha panel and argued that the state bodies were not under the apex cricket body and they need to be persuaded to undergo the reforms.
"According to you, there are state associations which are not agreeing to the recommendations. If you want matches to be played, you must ensure that the directions are complied with," the bench said.