Attorney General Mukul Rohatgi on Tuesday asked a three-judge Bench, led by Justice Dipak Misra, to freeze the process for appointment of a Committee of Administrators to run the BCCI, by at least two weeks.
Mr. Rohatgi said the government was considering legislation or executive action to arm the various sports associations with ‘some autonomy’ against external interventions.
The court refused to keep in abeyance the process. It, however, allowed the Centre and some State cricket associations to suggest names for the committee before January 30, the next date of hearing.
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Mr. Rohatgi said sweeping and drastic changes within sports bodies, as proposed by the Lodha Committee in BCCI’s case, would not only have a national impact but affect sports administration internationally.
“If these interventions are made into the affairs of private bodies, tomorrow private bodies dealing with art, films, etc., will be affected. There will be international ramifications. This case has far-reaching consequences,” Mr. Rohatgi cautioned.
He is appearing for the Railways, the Armed Forces and the Association of Indian Varsities. All three were full members of the BCCI, but “downgraded” to associate memberships by the Lodha panel reforms.
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Mr. Rohatgi referred to the 2005 Zee Telefilms SC verdict which had held that the BCCI was not a ‘State’ under Article 12 of the Constitution, but only a private body. “But you are also not exactly sure what impact your legislation would have in the international arena, are you?” the Bench asked the government in turn.
“We are not for destruction of autonomy. We are for removing the impure elements, so that they [sports bodies] gain back true autonomy,” Justice Misra told Mr. Rohatgi.
Amicus curiae and senior advocate Gopal Subramanium said efforts were on to sow confusion, scuttling the progress attained in the BCCI case so far.
To this, Justice Misra said that “once we pen an order, it is clear as day that it will be implemented.”
Age bar to stay
The court made it clear that it would not consider — in conformity with the Lodha panel recommendations — any person who is over 70 years old for the committee of administrators.
The Attorney General’s submission about proposed legislation for autonomy had come immediately after senior advocate Kapil Sibal, appearing for some State cricket associations, brought attention to an application filed by Mr. Subramanium.
Mr. Subramanium said that once the Committee of Administrators is in place, it should also ‘take charge’ of State cricket associations and their assets like stadiums, if they continue to refuse to implement Lodha reforms.
“I am not going to give any undertakings because all this is totally in violation of law. How can you take away my rights? How can you appoint a body of administrators over elected bodies,” Mr. Sibal objected. He submitted that the Supreme Court should hear the State associations first before appointing the committee.
The Bench was hearing the specific issue of appointing the administrative committee based on a confidential list of names suggested by Mr. Subramanium and senior advocate Anil Divan.
Delegates for ICC meet
Meanwhile, the court allowed the BCCI to name three of its current office-bearers who are not disqualified by the Lodha Committee recommendations, for the purpose of representing the BCCI at the ICC executive committee meeting in the first week of February.