The Supreme Court on Wednesday asked the Board of Control for Cricket in India as to why it wants ministers in the administration of the board.
A bench of chief justice T.S. Thakur and justice Ibrahim Kalifulla, hearing applications from the BCCI and state cricket associations opposing several recommendations of the Justice Lodha panel said having ministers was not a happy situation where the system could not work without political clout for carrying out a legitimate cricketing activity.
The chief justice, however, said that the court could permit an advisory body of politicians and ministers to play an advisory role if the board so insisted and wondered why government or Parliament could not take over administration of cricket in the country.
After going through the averments, justice Thakur wondered why the BCCI had not developed cricket fully in 11 states particularly Bihar, Chattisgarh and the North-east as the board had not given a single pie during the last 10 years, though it chose to disburse '60 cr to a small state like Goa in one year.
Senior counsel B.H. Marlappalle appearing for the Mumbai Cricket Association submitted that a bar on ministers from occupying posts in the BCCI should not be made mandatory by the court. He said, “We claim to be world’s largest democracy the message should not go to the international community. It will send a bad message.”
The CJI quipped, “In the international community are ministers eminently part of the system In any world body is a minister entitled to be a member . Do you have any apprehension that Parliament will take over or there would be statutory enactment to control cricket.”
The counsel replied that inclusion of ministers in the BCCI would enable “pragmatic” suggestions and guidance for the board.
Kapil Sibal appearing for the Baroda Cricket Association said it would be difficult for Parliament to take over the function as the BCCI was constituted under a society which was protected under Article 19(1)(c) which provided the fundamental right to form an association or organisation. The CJI pointed out that since the BCCI was insisting on having ministers in the board there was no reason why they should be averse to the government or Parliament taking over the administration of cricket.
“Is that a happy situation where the system cannot work without political clout for carrying out a legitimate cricketing activity ” the CJI asked.
The CJI observed “So long as you hold monopoly in selecting teams, developing cricket. Manipur, Nagaland... may not develop. There is no development. You have never taken care to develop. You don’t give say a pie to those states. You have not given a single paisa to those states in the last 10 years.”
