New Delhi: BCCI faced Thursday the Supreme Court’s wrath for its ‘defiant attitude’ in implementing the directions of the Justice R M Lodha committee to reform cricket in the country and ‘hurriedly’ disbursing around `400 crore to state bodies.
The apex court decided to pass an order Friday on the issue of implementation of directions of the committee headed by former CJI Lodha after the counsel for the BCCI declined to give an ‘unconditional undertaking by tomorrow’ that it will seek instructions to stop funds to the state bodies and abide by the panel’s recommendations.
“You must not create a defiant attitude. This is not going to lead you anywhere,” a bench headed by Chief Justice TS Thakur said, emphasising that transparency, fairness and objectivity were most important aspects in all decisions including disbursal of funds by BCCI. “You must follow the law or you will be forced to obey it,” the bench indicated.
The bench was pained at BCCI’s stance that the verdicts and directions of the apex court and the Lodha panel were contrary to statutory provisions, saying its reluctance to accept them was part of a ‘strategy’ or ‘design’, after senior advocate Gopal Subramaniam, assisting as an amicus curaie, drew attention to the BCCI’s affidavit.
He also referred to constitutional provisions dealing with Supreme Court judges and criticised the board for roping in Justice (Retd) Markandey Katju who made ‘inappropriate remarks’ against the judgment of the apex court and the deliberations of the Justice Lodha committee, to undermine the dignity of the apex court. Subramaniam also said that the the apex cricket body was liable for both civil and criminal contempt for disobeying the binding judgment issued by the apex court.
“Can a body find out ways and means to subvert the judgment? The answer is ‘No’. It is a civil as well as criminal contempt. A binding judgment of this court cannot be disobeyed,” Subramaniam said while stressing that all decisions of BCCI, post apex court judgment, be declared ‘non est’ (null and void).”
Press Trust of India