Explaining the real intent of the popular saying “it’s just not cricket” in the sports world, Supreme Court amicus curiae and senior advocate Gopal Subramanium said betting and match-fixing defeat the soul of the game which is not a mere “recreation” but also promotes character-building.
Mr. Subramanium was countering the objections raised by the BCCI and its members against the Justice Lodha committee recommendations to instil transparency and accountability in Indian cricket administrations through a complete overhaul of the Board’s structure and functioning.
He was roped in by a Bench of Chief Justice of India T.S. Thakur and F.M.I. Kalifulla to assist the Supreme Court in the matter after the BCCI and its member State cricket associations protested that the Justice Lodha panel reforms was a violation of their constitutional right to operate as a private registered society with full freedom to form their own rules and regulations.
The amicus said that the functions of the BCCI show a “public character”. Though not a ‘State’, the BCCI “behaves” like a State as it exercises “some sovereignty” in its functions dealing with Indian cricket.
Imprint of a StateHe said the solemnity of the functions of the BCCI has the imprint of a State. Its functions have an aura of “exclusivity” in controlling the game as every player is under the aegis of the Board.
“They can establish and amend the laws of cricket in India. They are dealing in a game pre-dominantly of a public character where aspirants and players alike are all members of the public. Those who watch and play are members of the public. A function of a public nature should have accountability, transparency and objectivity,” Mr. Subramanium submitted.
He said if someone, the BCCI or State cricket associations or other members, have a better recommendation than the ones made by the Justice Lodha panel, they are free to express it. But they cannot say they would not accept the recommendations. He said the recommendations the BCCI incorporated are not substantial.
Asking why the allegations of match-fixing or betting causes an aberration in the moral pulse of the cricket lover, Mr. Subramanium explained that it was because cricket, besides being a recreation, also promotes character-building.
“Building of character is fundamental to the game. It is the spirit of the game meant to inspire millions. Cricket is meant to be way of life. When we say ‘it is just not cricket’, what does it mean? It means the act has not been fair, gentlemanly and against what has to be observed,” Mr. Subramanium said.
He spoke of the work ofWest Indies cricketer Sir Conrad Hunte in South Africa during the apartheid to show how the game is closely linked to human rights.
