SC slams BCCI for stance on Lodha panel proposal

New Delhi: The Supreme Court on Thursday rapped the BCCI for objecting to most of the recommendations of Justice Lodha Committee on streamlining of cricket administration and to ensure that purity of the game was maintained by the Board.

A bench of Chief Justice TS Thakur and Justice Ibrahim Kalifulla refused to accept the arguments of senior counsel KK Venugopal, appearing for the Board and senior counsel Kapil Sibal for the Cricket Association of Baroda and others state associations that the recommendations are not capable of implementation.

They made it clear to all the counsel opposing the recommendations “The easiest thing you want is to delay. We will not let you delay and filibuster the entire exercise (of Justice Lodha panel). We may consider referring back to the panel to have a re-look of some of them. 

At the outset, Mr Venugopal submitted that the Lodha Committee neither informed nor sought the views of past or present BCCI office-bearers about its proposed recommendations despite interactions the panel had had with them. The Committee never gave us an opportunity to put forward our views on the recommendations before they became part of the final report. The Lodha Committee had sent a questionnaire to the then BCCI president, secretary and treasurer to elicit information and date on various issues relevant for the final report but did not seek their views on the proposed recommendations.

Counsel said the Lodha Committee put the proposed recommendations to the BCCI and/or its office-bearers before including them in the report, several aspects relating to the unintended adverse impact and consequences of implementing the same could have been clarified or sorted out. Even now we are prepared to go back to the committee to explain our position. Let the committee hear our views and decide.

Even as the counsel was objecting to every proposal which also barred ministers and government servants from holding any BCCI post, the CJI wondered “Why are you so keen to have ministers in BCCI? At the same time question the presence of Comptroller and Auditor General. You want free hand to deal with crores of rupees?”

Counsel pointed out that the International Cricket Council (ICC) may take objection to the appointment of the CAG's nominee as the government representative in the newly structured body, since it may constitute 'government interference' and any form of government interference will result in suspension of BCCI from ICC. The Board then may not be able to conduct any of the international matches in India. Counsel however said the CAG can remain as an Advisor without any voting rights. As far as Ministers are not concerned, they are elected as Members and not because they are Ministers but because they contribute to the development of the game.

The CJI quipped “ICC will question the presence of CAG and not the presence of Ministers. You tell them that CAG is in the board as per the directions of this court. Take him (CAG) on the board in the interest of the game, in the interest of the public so that nothing irregular is nothing unconscionable is done.”

Counsel said the BCCI has benefited greatly from the report of the Lodha Committee, and is committed to implementing the changes/reforms in its functioning and operations to ensure greater professionalism, transparency and accountability, keeping in mind the underlying objective of better administration of cricket in India.

The SC also sought chart of funds given to state bodies by BCCI during the last five years. It observed that "You (BCCI) should have a development plan, and tell states on what facilities the funds should be spent".The next hearing in the case has been set for March 18.

On recommendation for drastic reduction in advertisements, counsel said the present contract for international matches from 2012 to 2018 is for Rs. 8,851 crores and if the suggestion to have advertisements only during drinks, lunch and tea breaks is accepted it will have "crippling effect on financial health of the BCCI and adversely impact its ability to carry out its various programmes. It will substantially devalue the broadcast rights and cripple the income of BCCI as broadcasters will only pay a fraction of amount."

At one stage, when counsel said State associations are given Rs 480 crores for development of cricket, the CJI wondered whether there was any scheme or plan on the basis of which the amount was spent; is there a monitoring mechanism to monitor how the amount is utilized. As long as you don’t question them, they will continue to extend their support to the President or whoever it is.

The bench then asked the BCCI to furnish details of the money given to each of the States, including the north eastern States and how it is spent and monitored. The Bench posted the matter for further hearing on March 18 as several state associations voiced concern in accepting the report.