Directions of the Committee – 3.11.2016

Directions of the Committee – 3.11.2016
Gopal Sankaranarayanan <gsanks@gmail.com> Thu, Nov 3, 2016 at 11:34 AM
To: Ajay Shirke <a.shirke@bcci.tv>

Cc: Anurag Thakur <anurag@bcci.tv>, Rahul Johri <rjohri@bcci.tv>

To,

The Secretary,

BCCI.

We invite your attention to this Committee’s emails dated 24th October 2016 and 29th October 2016 calling upon the President BCCI to give an unqualified undertaking on behalf of the BCCI to unreservedly comply with the order of the Hon’ble Supreme Court dated 21st October 2016. The Committee is yet to receive such an undertaking. It is clarified that the undertaking is necessary to implement the directions contained in the Order of the Supreme Court, dated 21st October 2016.  The requirement for such an undertaking is not a mere formality. In the absence of the undertaking, the Committee finds it difficult to implement the order of the Supreme Court by issuing necessary directions to BCCI.

Subject to the above, the following are the remarks of the Committee on your two letters dated 28 October 2016:

I.      In your letter dated 28 October 2016 relating to Urgent Appointments, you have stated that the committee has to:

a. Appoint Vendors for IPL 2017;

b. Appoint vendors for domestic and international cricket seasons;

c. Identify and Appoint vendors for certain other services at all venues;

Please note that neither identification nor appointment of vendors or contractors is the task or function of the Committee. The Committee is only required to fix a threshold value and approving awards of contracts above such threshold value.

For the purpose of fixing the threshold value and to appoint the independent auditor, the following information is required for each of the heads referred to in your above letter:

1.   The contract value of each of the individual contracts referred to.

2.  The term of each of the proposed contracts along with when each of the existing contracts is to expire.

3.  The existing norms or guidelines relating to the appointment of vendors.

4.  The tender processes followed for the different categories of vendors.

5.   Whether the contract is done through e-auction or not.

6.  The cumulative value of contracts under each category and of all of them put together.

It is only on examining the above that the Committee would be able to fix a threshold value and also assess the nature of work involved for appointing the independent auditor and formulating his terms of engagement. All of this information shall be submitted within 5 days from today.

II.   As far as your letter dated 28 October 2016 relating to the Domestic Season is concerned, the position is as under:

a.   You have sought the Committee’s directions for release of payments to Associations in connection with players’ allowances, hotels, transport, hosting fees, etc. Paragraph 20(i) of the order dated 21st October 2016 of the Hon’ble Supreme Court mandates compliance by the State Associations concerned before disbursement of any funds by the BCCI. Therefore the question of the Committee issuing any directions in that behalf does not arise.

b.  With reference to the requirement for appointment of production crew, the Committee has already made the position clear in Para I above.

c.   With regard to the Associations of Orissa, Hyderabad, Jammu & Kashmir and Assam mentioned by you, you are directed to furnish the Report obtained by the BCCI from M/s. Deloitte on State Associations, as well as any undertakings submitted by the State Associations pursuant thereto. This shall be submitted within 5 days from today. It may be noted that the question of release of funds to these Associations is also governed by Para 20(i) of the Supreme Court’s order.

d.  The proposed MoU between BCCI and ECB concerns bilateral cricketing policy, the formulation of which is not a part of the mandate of the Committee. As far as payments are concerned, if they are to be made directly by the BCCI, no directions can be given by this Committee until relevant details are furnished by the BCCI.

To avoid any hindrance to the cricketing calendar and to ensure the continued enjoyment of the sport by its aficionados, the BCCI would be well advised to comply with the directions of the Hon’ble Supreme Court in its orders dated 18th July 2016, 7th October 2016 and 21st October 2016.

You may also note that this Committee is not a full-time Committee, nor does it have a Secretariat. The Members are situated in different cities and the Committee meets as and when necessary.

It is made it clear that the Committee is not an adversary as has been made out in your Indian Express interview dated 18th October 2016 and the Press Advisory dated 24th October 2016. The Committee would issue Directions from time to time in terms of the orders of the Supreme Court but not as a response to your mails.

Yours sincerely,

Gopal Sankaranarayanan

Secretary, Supreme Court Committee

CC:

1. The President, BCCI

2. The CEO, BCCI

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10 thoughts on “Directions of the Committee – 3.11.2016”

  1. The BCCI seems to be moving towards deliberate disruption of international matches involving Team India, in the hope this would shift public opinion in their favour. Well, that hope is completely in vain; the fans love just the players, they generally loathe these administrators. The Supreme Court – and its Committee- shouldn’t be shying away from strong actions just because they fear the cricketing schedule may be disturbed. Let it be disturbed, I say; it will be just a temporary issue – and indeed the whole cricketing world will emerge stronger in the long run.

    As a citizen of India, the bottom line as far as I am concerned is that the arrogance and contempt shown by these administrators towards the highest court of the land should earn them the same severe punishment as a common citizen would have attracted in a similar situation. Else the reputation of our Judiciary would be irrevocably damaged.

    Liked by 1 person

      1. BCCI and state associations with their continued non compliance and dis obeying hon’ble apex court orders from 18 july 2016 till date , appears to be only inviting contempt of court proceedings to be initiated against them as suggested by Amicus curiae .

        Like

  2. 1 – As per media reports – on 05th november 2016 , BCCI president and secretary files affidavit with the Hon’ble Lodha Committee , mentioning that BCCI members ( state associations ) are not ready to accept and implement the Hon’ble Apex court verdict and orders .

    2 – It is now expected Hon’ble Apex court , Hon’ble Lodha committee and Amicus Curiae will now initiate contempt of court against BCCI and state associations office bearers at the earliest and simultaneously will appoint administrators at BCCI and state associations to implement the verdict in toto at once.

    3 – Here is a classic case of total contrast view , BCCI says that their state associations are not ready to implement the Verdict , where as on the other hand Madhya Pradesh Cricket Association ( MPCA ) as per The Times Of India dated 03 november 2016 informed the Hon’ble High court of Indore in the case number – WP/5755/2016 that

    ” Will implement Lodha guidelines only after BCCI, MPCA tells HC “.

    4- More over in the same article of The Times Of India dated 03 november 2016 , it is mentioned that

    ” The MPCA also said that the petitioners must approach the Supreme Court if they seek the implementation of Lodha committee’s recommendations for MPCA as the committee is formed by the Apex court, and the order to implement the recommendation of the committee has also been passed by the Supreme Court. The case has been listed for filing of rejoinder by the petitioners and further hearing for November 15.”

    MPCA must have read the Hon’ble Apex court order dated 21 October 2016 POINT NUMBER 20 ( i ) ) , where it has already passed the order for State Cricket associations to implement the verdict and President need to file the compliance affidavit to the Lodha Committee and before the Hon’ble Apex court , as such no state association should ask its members to approach the Hon’ble Apex court for the Implementation of the verdict , since already order dated 21.10.16 has been passed for the implementation for all the state cricket associations by the Hon’ble Apex Court of India.

    ” Will implement Lodha guidelines only after BCCI, MPCA tells HC ”

    This is in total contrast / contradictory to Hon’ble Supreme court order dated 21st October 2016 , Para – ” Order ”

    Page no – 23 & 24, sub p0int number – 20 ( i )

    ” (i)- BCCI shall forthwith cease and desist from
    making any disbursement of funds for any purpose
    whatsoever to any state association until and
    unless the state association concerned adopts a
    resolution undertaking to implement the
    recommendations of the Committee as accepted by
    this Court in its judgment dated 18 July 2016.
    After such a resolution is passed and before any
    disbursement of funds takes place to the state
    association concerned, a copy of the resolution
    shall be filed before the Committee and before this
    Court, together with an affidavit of the President
    of the state association undertaking to abide by
    the reforms contained in the report of the

    Committee, as modified by this Court. Any transfer
    of funds shall take place to the state associations
    which have accepted these terms only after
    compliance as above is effected. This direction is
    in addition to the previous direction of 7 October
    2016 in regard to the disbursement to and
    appropriation by the state associations; “

    Like

  3. Bloated Egos, being used to be treated as Maharajahs due to their tremendous financial clout, the BCCi bigwigs have denigrated the Supreme Court orders like trash. Their arrogance could be ascertained by their not complying with the orders of the court.

    This action of theirs would jeopardise the entire cricket season as it goes on. But these people care more for their positions which they feel is their birthright and care a hoot for the future of the cricket which will come to a standstill very soon.

    Saner counsel is supposed to have prevailed on Thakur as he as apparently agreed to meet the Lodha Committee
    after 9th Nov. But it may be another of their ploys to elongate their term for some more time.

    I hope the ‘THIRD EYE’ of LORD SHANKARA will be opened on Dec 5th. Option could be the SUDARSHAN of LORD KRISHNA as I feel the sins have exceeded 100 long time back. But the LORD knows better.

    Like

    1. http://www.deccanchronicle.com/sports/cricket/071116/wrong-affidavit-could-land-thakur-in-jail-says-lawyer.html

      deccanchronicle

      Monday, Nov 07, 2016 | Last Update : 10:47 AM IST

      Mumbai: The Supreme Court of India will consider Shashank Manohar’s affidavit to be “more authentic” than Anurag Thakur’s, believes Rahul Mehra, the prominent lawyer, who has been closely following the recent controversy between the Lodha Panel and the Indian cricket board.

      The ICC chairman Shashank Manohar, who was directed by the SC and the Lodha Committee to make it clear whether Thakur sought any such letter from cricket’s highest governing body stating the appointment of the CAG would mean the government interference, is likely to have sounded “yes” in his affidavit.

      “It is not one’s word against the other but on prima facie the SC knew that the BCCI boss (Anurag Thakur) had indeed sought such a letter and therefore they asked for confirmation from Manohar”, advocate Mehra said.

      “Had the apex court been satisfied with Thakur’s affidavit, they would not have sought Manohar’s intervention. Secondly, Prof. Ratnakar Shetty’s affidavit also contradicts with that of Thakur’s”.

      Manohar himself is a lawyer and knows the consequences of misguiding the court. “The court will decide whose affidavit is right and Thakur and Shetty, if found misleading the court, can be sent to jail on perjury”, Mehra added. “The next date for hearing is December 5, but Lodha Committee can still move the court and hear the appeal before the date”, Mehra added.

      Like

  4. http://economictimes.indiatimes.com/news/sports/sports-ministry-wants-bcci-to-be-brought-under-rti/articleshow/55286772.cms

    Sports Ministry wants BCCI to be brought under RTI

    By Gaurav Laghate, ET Bureau |

    Nov 07, 2016, 12.06 PM IST

    MUMBAI: The Board of Control of Cricket in India (BCCI), which is already under fire from the Supreme Court for not implementing the recommendations of the Lodha Committee, seems to be in more trouble. In the latest development, the Ministry of Youth Affairs and Sports (MYAS) has asked the Law Ministry to figure out a way on how the BCCI can be placed under the ambit of the RTI .

    “Work is on at the highest levels in the MYAS and the Law Ministry. So far, the BCCI has always worked like a not-for-profit private society without any aid or assistance from the government at any level, but this can’t go on forever,” a source said.

    The source also said that so far the cricket board has managed to keep its autonomy because of its political influence and money power. “The BCCI and state associations have always been led by politicians or industrialists with strong influence, which has always shielded it from getting on the wrong side of the government. However, now that the Supreme Court has taken matters into its hands, the government also wants to get the house in order,” he said.

    This is not the first time that the government has tried to get the board under right to information (RTI). In December 2011, then sports minister Ajay Maken had recommended bringing BCCI under RTI, arguing that there were reasonable grounds for the same. BCCI had been opposing any such a move saying it is a private body and RTI applies only to government organisations.

    Like

    1. http://indianexpress.com/sports/india-vs-england-2016/bcci-supreme-court-seeking-funds-hosting-rajkot-test-cricket-4363550/

      BCCI moves Supreme Court seeking funds for hosting Rajkot Test
      BCCI has asked for Supreme Court intervention in disbursing of funds for hosting the first Test against England.

      By: Express Web Desk | Published:November 8, 2016 11:07 am

      Board of Control for Cricket in India (BCCI) has moved to the Supreme Court seeking disbursal of funds for hosting the first Test against England in Rajkot. The central cricket board has been barred from releasing funds to state associations without prior approval from the Lodha panel.

      Hearing the preliminary arguments, counsel representating BCCI said the board cannot do the England series which starts on Wednesday in Rajkot unless Lodha panel disburses money.

      In reply, Amicus said the BCCI is in contempt. With the court scheduled to hear further arguments on Tuesday at 2pm.

      Like

  5. http://indianexpress.com/article/sports/cricket/bcci-members-lodha-reforms-hyderabad-accepts-4386464/

    The Indian Express

    BCCI says members not in favour of Lodha reforms but Hyderabad accepts it in toto
    Besides accepting the Lodha reforms, the HCA also decided to hold fresh elections on December 24 during a special general body meeting.

    Written by Devendra Pandey | Mumbai | Updated: November 21, 2016 7:45 am

    EVEN AS the BCCI continues to stick with its obstinate stance over many of their members not being in favour of the Lodha reforms, the Hyderabad Cricket Association (HCA) on Sunday went ahead and accepted the recommendations of the Supreme Court-appointed committee unanimously and in its entirety.

    In addition to implementing the various reforms, the HCA also decided to hold fresh elections on December 24 during a special general body meeting that was called for at Hyderabad’s Uppal Stadium.

    According to HCA president Arshad Ayub, the decision was taken as a result of an order passed by the Hyderabad High Court asking the association to adopt the reforms.

    The meeting did begin on a dramatic note with Ayub leaving almost immediately—15 seconds into it to be precise—along with a few other members after he had informed the house that everyone was in favour of the recommendations. The house then requested Prakash Jain, the vice-president, to conduct the meeting in place of Ayub. But it’s learnt that there were a few voices of dissent over Ayub’s instant announcement, and they demanded that some of the points in the recommendations get discussed post the departure of the president.

    “The special general body meeting was called to implement Lodha Committee’s recommendations and the adoption of all amendments. Our president Arshad Ayub informed the house that everybody was in favour of implementing the reforms within the first 15 seconds. He then got up and left. We were surprised with his sudden departure. Probably he didn’t want to discuss any of the points. We really don’t know the reason,” Jain told The Indian Express.

    “All the members requested me to chair the meeting as I’m the vice-president and they insisted that all the points get discussed. Each point was discussed and it was decided that every reform directed by the Lodha Committee will be implemented in toto,” he added. Out of the 216 voters, around 179 attended the meeting while 15—which included most of the incumbent office-bearers—left soon after the president’s early announcement.

    Ayub, the former India off-spinner, though admitted that the HCA had no choice but to follow the High Court directive, and that the decision to accept the recommendations was unanimous.
    “There was a one-point agenda of today’s Special General Body meeting and that was to adopt the Lodha committee recommendations. About 170-plus members attended and it was unanimously decided that the Hyderabad Cricket Association would adopt the recommendations.

    There is a High Court order directing the Hyderabad Cricket Association to adopt the recommendations so we had to follow the directive. I have also informed the BCCI of the same,” he told this paper.

    The HCA has been in the news for all the wrong reasons of late and the string of controversies the association is dealing with presently include the charges laid by the Anti-Corruption Bureau on president Ayub for allegedly misusing public money to the tune of Rs 4 crore. Jain doesn’t shy away from the fact that the HCA is in a mess. He in fact admits it while revealing the date for fresh elections as is directed by the Lodha reforms.

    Incidentally, Ayub had called a press conference only a day earlier to announce the formation of a spin academy under the banner of the HCA. He informed that three former Hyderabad-based spinners of note who went on to represent India, Shivlal Yadav, Venkatpathy Raju and MV Narasimha Rao, will oversee the academy as coaches while he too will assist them. And it’s learnt that some members weren’t in favour of Ayub appointing himself on that panel, considering the HCA will be paying the coaches.

    “How can the president put his own name there?” said one member.

    Like

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