SC delivers its judgment on BCCI-IPL, Constitutes 3-member panel to decide on punishment, and disqualifies persons having stakes in IPL teams to contest BCCI

The Supreme Court of India today delivered a verdict that is going to have a huge impact on administration of cricket in India. The 138-page judgment delivered by a two-judge Bench consisting of Justices TS Thakur and Fakkir Mohamed Ibrahim Kalifulla brings an end to the proceedings that were going on for the last 17 months in the highest court of the country. It also replaced the question mark regarding Mr. Srinivasan fighting the BCCI elections with a full stop.The Supreme Court ordered that Amendment to Rule 6.2.4, i.e. BCCI amendment that allowed the BCCI officials to have commercial interest in the teams in the IPL, is void and defective. The Supreme Court also ordered the formation of a Committee, having former Chief Justice of India RM Lodha as its Chairman, and also having Justice Ashok Bhan and Justice R.V. Raveendran, both former Supreme Court judges to decide on the quantum of punishment to be imposed on Mr. Gurunath Meiyappan and Mr. Raj Kundra as also their respective franchisees/teams/owners. The Apex Court judgment also noted, "The order passed by the Committee shall be final and binding upon BCCI and the parties concerned subject to the right of the aggrieved party seeking redress in appropriate judicial proceedings in accordance with law." The Committee has also been empowered to "examine the role of Mr. Sundar Raman with or without further investigation, into his activities, and if found guilty, impose a suitable punishment upon him on behalf of BCCI."Regarding the BCCI elections that have been pending, the Apex Court said that BCCI should hold elections within 6 weeks and that "no one who has any commercial interest in the BCCI events (including Mr. N.Srinivasan) shall be eligible for contesting the elections for any post whatsoever." The Court went on to say, "We make it clear that the disqualification for contesting elections applicable to those who are holding any commercial interest in BCCI events shall hold good and continue till such time the person concerned holds such commercial interest or till the Committee considers and awards suitable punishment to those liable for the same; whichever is later."In addition, it is the BCCI that will be paying the fees to the three member Committee, which has been allowed to fix its own fees. The Court also asked the Committee to deal with the matter expeditiously and if possible, finish it within six months.The Supreme Court in its judgment also praised the Probe Committee headed by Justice Mukul Mudgal.The Supreme Court in the opening paragraphs of the judgment acknowledged the value of cricket to its fans and observed, "Allegations of sporting frauds like match fixing and betting have for the past few years cast a cloud over the working of the Board of Cricket Control in India (BCCI). Cricket being more than just a sport for millions in this part of the world, accusations of malpractices and conflict of interests against those who not only hold positions of influence in the BCCI but also own franchises and teams competing in the IPL format have left many a cricketing enthusiasts and followers of the game worried and deeply suspicious about what goes on in the name of the game. There is no denying the fact that lower the threshold of tolerance for any wrong doing higher is the expectation of the people, from the system. And cricket being not only a passion but a great unifying force in this country, a zero tolerance approach towards any wrong doing alone can satisfy the cry for cleansing."The Court covered the events that led to the spot-fixing scandal in details. It noted that on "27th September, 2008 Mr. N.Srinivasan was elected as the Secretary of the BCCI in a General Body Meeting. In the same meeting Regulation 6.2.4 of the IPL Regulations was amended to exclude from its operation events like IPL and Champions' League twenty-20." Also "in April 2013, Special Cell, Delhi Police, Lodhi Colony, New Delhi, is said to have received secret information that certain members of the underworld were involved in fixing of matches in the recently concluded edition of the IPL."Thereafter, as multiple arrests were made in relation to spot fixing, including arrest of GurunathMeiyappan, "Mr. N.Srinivasan announced that he was stepping aside from the post of President of the BCCI until the probe was completed ostensibly because of the alleged involvement of his son-in-law in the betting and spot fixing racket."BCCI had then set up a three member panel, consisting of two former High Court judges and Mr. Sanjay Jagdale, who had later resigned but the panel continued to work on, as asked by BCCI.The Cricket Association of Bihar had then filed a petition before the Bombay High Court, asking it to declare "appointment of the two-member Probe Commission was ultra vires of the Rules and Regulations of the BCCI" and asked it to constitute a panel "comprising retired Judges to hold an enquiry against among others Mr. Gurunath Meiyappan for his involvement in...

SC delivers its judgment on BCCI-IPL, Constitutes 3-member panel to decide on punishment, and disqualifies persons having stakes in IPL teams to contest BCCI

Gaurav Pathak

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