The Bombay High Court on Thursday (September 10) directed 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, to make Central Government a party to their petitions.

A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna said it was necessary for the Central Government to be made a party respondent in the present petitions so as to understand its stance on the issue as any order passed in this matter could have 'wide ramifications.'

"Passing any orders or deciding this matter would have wide ramifications so Central Government must be a party to these petitions...Suppose Central Government is inclined to provide these facilities or suppose if we pass an order and a serious ramification is there and then what if Central Government seeks some recall etc, then what? Suppose it is the stand of the Central Government that no OCI card holder can represent our country. It will help, in fact... so you better implead the Central Government as a respondent," Chief Justice Tripathi orally observed. 

The judges were hearing a plea Kavin Kartik and 11 minors, who 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.

Arguing for the petitioners, advocates Kunal Cheema and Datta Mane pointed out that the BCCI being a private body, has taken this decision on its own, which affects the rights of the public. 

"If as children we aren't allowed to play now then what about our rights, our development?" Cheema attempted to argue. 

However, Chief Justice Tripathi, remarked, "Suppose Indian citizens come and say this (permitting OCI card holders) is discriminatory and we being Indian citizens we are denied our rights on account of OCI holders then what?"

The Chief Justice further pointed out to Cheema about Afghanistan nationals settling in India to play with BCCI. The CJ said, "Have you read that some Afghani players have settled in India and lined for Indian citizenship so that they can play with BCCI... Even their venue is settled... Things are now opening and we aren't shying off.. we only want to know what the Central Government says..."

Cheema further pointed out that such OCI card holding players and in fact even foreigners are being permitted by the BCCI to play in the Indian Premiere League (IPL). However, the bench asked him not to mix issues as IPL is a separate entity 

"But that is a different entity altogether... that's a commercial venture do not mix both the things... they aren't representing the country... In fact, we aren't against the child's rights to play and develop... We haven't made our mind yet and thus we just want to know the version of the Central Government, that's it," CJ Tripathi said. 

With this, the judges issued notice to the Central Government and ordered it to file its affidavit-in-reply to the present petitions. The matter will be next heard on October 14. 

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