Bombay High Court Suggests OCI Cricketers Challenging BCCI's Passport Policy To Play For Home Country Or Opt Indian Citizenship

While hearing a plea filed by 12 Overseas Citizen of India (OCI) card holding budding cricketers challenging the decision of the Board of Control for Cricket in India (BCCI) which has made 'Indian Passport' mandatory for players to play in any of its tournaments, the Bombay High Court on Friday (July 17) said such foreign national players must consider 'returning' to India, which is the 'motherland' of the parents of such players. 

A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad noted that the petitioner Kavin Kartik and the other 11 minors, acquired foreign citizenship by birth in those countries and since their parents continue to be Indian nationals, the minors hold OCI cards and are living in India pursuing education and the game of cricket. 

However, the petitioners took exception to April 30, 2024 decision of the BCCI, wherein it has been decided that only players holding Indian Passport will be permitted to participate in any of the tournaments organised by any cricket body, affiliated with the BCCI. Players with foreign citizenship have been banned from participating in such tournaments. This is with view to ensure the Indian nationals get more chances of being selected in national and international teams of the country. 

On Friday, when the matter was called out, the judges at the outset asked the petitioners, most of whom are from European countries, as to why they do not want to play in their own countries as it would get them a better chance to get selected for International teams. 

"Why don't you play there as there can be better chances for you to get selected because in India everyone plays cricket," Acting CJ Ghuge observed. 

BCCI's senior counsel Dr Birendra Saraf submitted that the players, who are minors now, can accept Indian citizenship and continue playing here. Similar was the suggestion put forth by the judges. However, the counsel representing the petitioners submitted that it would be very difficult for a minor to renounce foreign citizenship. 

To this, ACJ Ghuge remarked, "Is it so? Because, now a days, we thought foreign countries are eager to let off Indians go to their home country... Anyways, India is your parents' motherland, comeback to India."

At this, Saraf submitted that the petitioners and their parents will have to take a 'conscious' decision.

Having heard the brief submissions, the bench agreed to hear the final arguments in the plea and adjourned the same for final hearing till August 13. The judges have asked the parties to furnish their brief written notes before the adjourned date so that the matter could be decided at the stage of final hearing. 

Notably, a division bench led by Justice Mahesh Sonak had in October 2025, refused to grant any ad-interim relief to the petitioners, observing, "A case of prima facie manifest arbitrariness has not been made out. A case with a standard higher than the normal prima facie case has not been established. The question of irreparable prejudice cannot be considered only from the perspective of the Petitioners."

Case Title: Kavin Kartik vs Board of Control for Cricket in India (Writ Petition 2307 of 2026)