While hearing the petitions 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, Bombay High Court earlier this week, orally said that if these young players are 'so desperate' to play for India, they must then become an Indian citizen by accepting its citizenship.

A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna while hearing the plea filed by one Kavin Kartik, an OCI Card holder, noted that the Central Government, though made a party in the proceedings, was yet to file its affidavit. On this point the bench expressed inclination to adjourn the matter.

However, advocate Kunal Cheema assisted by advocate Datta Mane, urged the bench that the matter be heard and the case of their clients be considered as they only seek permission to play for domestic tournaments so that they can make their 'stats' which are a ground for enrolment in the commercial tournaments such as the Indian Premiere League (IPL). The counsel pointed out that such a restriction on OCI card holders was not there till 2023 and it was only after that the BCCI came up with such a decision prohibiting such players from participating in the domestic tournaments under the aegis of the BCCI.

The counsel argued that the petitioners were only a few young boys, playing cricket, studying and even living here in India and thus, their case must be considered.

However, the bench pointed out that India already has an 'abundance' of young talent, particularly in cricket. The judges said that someone might have objected to the OCI card holders playing in domestic tournaments and thus the BCCI might have come with this rule.

"Show us in some developed country such a request is acceeded to? In UK, US, Germany such a request is accepted, wherein their own citizens are not given a chance but a chance is given to an outsider or an Overseas Citizen?" CJ Tripathi orally questioned.

To which, Cheema pointed out that OCI Card holders in India can practice as Doctors, Advocates etc so why not Cricket.

"But can they get a government job? Can they compete in civil services? Obviously a no it is... Similarly, can you pressurise the BCCI? Someone could have not noticed this issue but obviously some resentment would have been there... Domestic players may have objected to and thus the BCCI may have come with this decision...Why don't you play for IPL?" Chief Justice remarked.

At this, Cheema responded that even for playing for IPL, one has to have stats and that can only be done by playing at domestic level and this passport decision bars such OCI card holders from playing at the domestic level.

At this point, the CJ sought to know from the BCCI as to what if the petitioners contend that they have lived here, studied here played here in anticipation that they will be allowed to play (for India) someday. To this, senior advocate Dr Birendra Saraf for the BCCI pointed out that the Citizenship Act doesn't permit OCI card holders to play at international level.

"So they can't claim right to livelihood by playing cricket .. even Central Government has said that yo cannot play for India unless you are a citizen of India... Milords may consider the fact that we (BCCI) invest in players and groom them... There are various other tournaments which aren't under aegis of BCCI... Like Ranji is under BCCI... We train players there .. we groom them... But several other tournaments are there like at school/college levels, private academies etc... They can play there... Or they can play cricket as a hobby but not as a source of livelihood," Saraf submitted.

Cheema countered the contention submitting that like education is a 'constitutional right' even for the OCI card holders, sports is an important aspect of education and helps in the overall development of a child and thus, children like the petitioners cannot be deprived from this right.

"Whether you can appear in civil service exams based on this principle? No, right... You have every right to education and play but you are insisting to play under aegis of BCCI... Why don't you take a citizenship of India?... If you are so much desperate to represent India why don't you become Indian citizen? If you are inspired to play then why don't you apply for Indian citizenship...We are a progressing nation and we must create a benchmark... Even some countries like New Zealand, Denmark etc doesn't have much players like us but we do have so much talent... You will have to make a choice and you just cannot have both (right to play and OCI card)... We have the abundance of talent here," CJ Tripathi remarked.

Weighing in, Saraf said that the BCCI would welcome with open arms if players like the petitioners become Indian citizens. He said the body is always happy to welcome fresh talent, provided the player must be Indian.

However, Cheema said that on the next date of hearing, he would place on record certain International conventions, which say that every child has a right to choose his or her citizenship and s/he cannot be compelled to change the same.

"But no one is compelling you to change your citizenship at all Mr Counsel... It is just that since you are insisting you need to be permitted to play, a suggestion is made," the bench clarified.

Meanwhile, Saraf pointed out that already some players have applied for Indian citizenship and that their applications are in process. Therefore, the judges ordered the BCCI and also the Central government and the petitioners to spell on the next date about the status of such applications filed by OCI Card holders, who are switching their citizenships to play for India.

The matter would be heard next on November 25.