Amicus curiae and senior advocate Gopal Subramanium submitted in the Supreme Court on Thursday that Rs. 400 crore was disbursed by the Board of Control for Cricket in India (BCCI) to the State cricket associations despite an embargo against such payments by the Lodha panel until a “rational policy” for disbursal was made out.
Mr. Subramanium submitted that the Lodha Committee had written to the banks about the disbursement only to realise it was too late. “The horses had bolted from the stable by then,” Mr. Subramanium rued. “They [State associations] cannot say ‘give us money, but we will not reform’. Tell them that if they want money from you [the BCCI], first reform. Otherwise we will stop all payments of money to them from you... Our order will also direct them to reimburse whatever money has been disbursed by you. They are reluctant because you support them,” Chief Justice Thakur observed as soon as the post-lunch session commenced.
“We exist because of them,” Mr. Sibal spoke for BCCI.
“They exist because of you,” Chief Justice Thakur countered.
“But it is their money we are disbursing to them,” Mr. Sibal replied.
“Not their money, public money. We have already settled in our judgment that the BCCI is performing a public function,” Chief Justice Thakur retorted.
The Bench, also comprising Justices A.M. Khanwilkar and D.Y. Chandrachud, pressed the BCCI to make its stand clear and not hide behind the State associations. But the Board said it was a private registered body and a conglomeration of State cricket associations.
The BCCI protested the SC’s intention to stop payment to State cricket associations, saying the domestic season was on.
