IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4235 OF 2014
In the Matter of:
Board of Control for Cricket in India …PETITIONER
Cricket Association of Bihar & Ors., …RESPONDENTS
Third Status Report submitted by the Supreme Court Committee
- As per the judgment of this Hon’ble Court dated 18th July 2016, this Court had inter alia stated as follows:
“91. In the result, we accept the report submitted by the Committee and the recommendations made therein with such modifications and clarifications as have been set out by us in the body of this judgment. Having said that we must hasten to add that the implementation of the recommendations is equally important and ought to be achieved within a reasonable period. The transition from the old to the new system recommended by the Committee shall have to be under the watchful supervision of this Court. Constrains of time and the multiple dimensions of the recommendations made however make it difficult for us to take that supervisory role upon ourselves. The supervision of the transition can, in our opinion, be left to be undertaken by the Committee not only because it has a complete understanding of and insight into the nature of the problems sought to be remedied but also the ability to draw timelines for taking of steps necessary for the implementation of the proposed reforms. We are conscious of fact that the process may be time consuming but we hope that the same should be completed within a period of four months or at best six months from today. We, therefore, request the committee headed by Justice Lodha to draw appropriate timelines for implementation of the recommendations and supervise the implementation thereof.
92. Needless to say that the BCCI and all concerned shall cooperate and act in aid of the Committee and its directives. Should any impediments arise, the Committee shall be free to seek appropriate directions from this Court by filing a status report in that regard.”
- In pursuance of the directions of this Hon’ble Court, this Committee had immediately commenced the task of carrying forward the directives contained in the judgment including the fixing of clear timelines. However, as these were not complied with, certain impediments arose and a Status Report was filed on 28.09.2016 before this Hon’ble Court. On this Report, an Order was passed on 21.10.2016, with certain directions concerning the accounts and finances of the BCCI and the State Associations.
- Thereafter, as there was continued non-compliance by the Office Bearers of the BCCI, a Second Status Report was filed by the Committee on 7.11.2016 upon which Orders were passed by this Hon’ble Court the following day.
- By way of the Report dated 4.1.2016 submitted by the Committee, the recommendations of which were accepted by this Hon’ble Court, the disqualifications from being the Office Bearer of the BCCI or a State Association were as follows:
- A person shall be disqualified from being an Office Bearer if he or she:
- Is not a citizen of India;
- Has attained the age of 70 years;
- Is declared to be insolvent, or of unsound mind;
- Is a Minister or Government Servant;
- Holds any office or post in a sports or athletic association or federation apart from cricket;
- Has been an Office Bearer of the BCCI for a cumulative period of 9 years;
- Has been charged by a Court of law for having committed any criminal offence;
- Several Office Bearers at both the BCCI and the State Associations continue to hold the posts although they stand disqualified as per the Order of this Hon’ble Court. It is submitted that those individuals who fall foul of these norms be declared to cease to hold office forthwith.
- The Committee further submits that in view of its constitution and nature, its role of supervising the implementation of reforms as per the order dated 18.07.2016 and subsequent orders be confined only to be overall policy and direction, and not the actual administration of the BCCI.
- While the day to day administration of the BCCI is presently carried out by the CEO and certain Managers who assist him in this regard, there would be a need to appoint an Observer who would guide the BCCI in its administration, particularly with reference to the award of contracts, transparency norms, audit, etc., for domestic, international and IPL cricket to be played hereafter. The Committee recommends that Mr.G.K.Pillai, former Union Home Secretary be appointed as the Observer, with a power to appoint Auditor and all necessary secretarial staff, assistance and remuneration as may be determined appropriate by the Committee.
- In view of all the above, the Committee seeks the following directions from this Hon’ble Court:
- Direct and declare that all Office Bearers of the BCCI and the State Associations who are disqualified by virtue of the norms at Para 4 above cease to hold office forthwith;
- Direct that all administrative and management matters be carried out by the CEO of the BCCI without advertence to the Office Bearers;
- Appointment of Mr.G.K.Pillai, former Union Home Secretary as the Observer of the BCCI to supervise the administration of the BCCI by the CEO and empower the Committee to appoint all necessary secretarial staff, assistance and fix remuneration as may be determined appropriate; and
- Any other direction as may be deemed fit for the implementation of the judgement dated 18.7.2016;
The Supreme Court Committee
Through its Secretary,
Supreme Court Committee