Thursday, August 24, 2017

Amicus curiae Gopal Subramaniam launches stinging attack on BCCI

Justice (Retd) RM Lodha
Justice (Retd) RM Lodha

Amicus curiae Gopal Subramaniam informed the Supreme Court yesterday that not a single reform recommended by the Justice RM Lodha committee has been implemented by the Board of Control for Cricket in India (BCCI).

Beginning his argument before a bench comprising Justice Dipak Misra, Justice DY Chandrachud and AM Khanwilkar, the amicus curiae described the BCCI's inaction on the reforms by stressing on the word 'nothing' to indicate that nothing has been adhered to.

No action by BCCI
"My lordship," said Subramaniam, "BCCI officials are violating all orders of the highest court and making sure that none of the Lodha committee recommendations are implemented. The stand of the BCCI officials on Lodha committee recommendations is very clear, 'If I can, I will. If I can't, I can't.'"

Justice Misra then asked senior lawyer Nitin Bali, who was representing the BCCI, "Have you complied with the report?" Bali tried to explain the areas where BCCI officials are facing difficulties, but Justice Misra asked again, "Have you complied with the report?" Bali responded by saying that barring one-state-one-vote, age restriction on administrators, cooling off period and no government officials/ministers in BCCI, all other recommendations of the Lodha committee were in place. "You are saying that Yudhishtra, Bhima, Arjun, Nakula and Sehdeva are all dead and Kunti is still the mother," asked Justice Misra.

CoA to draft constitution
The bench instructed the Committee of Administrators (CoA) to draft the BCCI constitution as per the July 18, 2016 verdict. The CoA assured the apex court that it would submit the draft on September 19, the day of the next hearing.

The bench also issued showcase notices to acting president CK Khanna, secretary Amitabh Choudhary and treasurer Anirudh Chaudhry, all of whom were asked to explain their position on allegations made by the amicus curiae. All three officials are to be present in court for the next hearing.

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