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2017 DIGILAW 158 (SC)

BOARD OF CONTROL FOR CRICKET v. CRICKET ASSOCIATION OF BIHAR

2017-01-30

A.M.KHANWILKAR, D.Y.CHANDRACHUD, DIPAK MISRA

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ORDER 1. On 24th January, 2017, this Court after referring to the order dated 2nd January, 2017 and upon hearing Mr. Mukul Rohatgi, learned Attorney General for India, Mr. Anil B. Divan and Mr. Gopal Subramanian, learned Amicus Curiae, Mr. Arvind P. Datar, learned senior counsel appearing for the B.C.C.I., Mr. Kapil Sibal and Mr. Tushar Mehta, learned senior counsel appearing for certain Associations, had directed as follows: “In view of the aforesaid, we permit Mr. Datar to give three names in a sealed cover after following the due process and, needless to say, the names that will be given should not be disqualified under the principal judgment or any of the orders of this Court. Let the names by Mr. Mukul Rohatgi, learned Attorney General and Mr. Kapil Sibal, learned senior counsel for the Committee of Administrators for the BCCI and Mr. Arvind P. Datar, learned senior counsel for the BCCI for a nominee to attend the meeting of the ICC, be given by 27th January, 2017. The documents that have been filed by the learned Amicus Curiae be kept in a sealed cover.” 2. In pursuance of the aforesaid order, Mr. Datar, learned senior counsel has filed a list of names in a sealed cover. Similarly, certain names have been suggested by Mr. Kapil Sibal, learned senior counsel appearing for certain State Associations. In course of hearing, Mr. Mukul Rohatgi, learned Attorney General has suggested that the Secretary of the Sports Ministry, Union of India, may be one of the members of the Committee of Administrators. 3. First, we shall deal with the submission of Mr. Mukul Rohatgi, learned Attorney General for India. By order dated 2nd January, 2017, this Court had observed that no government servant shall be a member of the B.C.C.I. In view of the aforesaid, without dwelling upon the issue of whether the Sports Secretary should be a member of the Committee of Administrators or not, today, we think it appropriate to defer the proposal of Mr. Rohatgi. 4. We nominate the following members, who shall function as the Committee of Administrators for B.C.C.I.:- (i) Mr. Vinod Rai, former Comptroller and AuditorGeneral of India; (ii) Mr. Ramachandra Guha, eminent writer, thinker andcricket historian; (iii) Mr. Vikram Limaye, Managing Director and CEO,IDFC Ltd.; and (iv) Ms. Diana Edulji, former eminent cricketer andcaptain of the Indian Women's Cricket team. 5. Mr. We nominate the following members, who shall function as the Committee of Administrators for B.C.C.I.:- (i) Mr. Vinod Rai, former Comptroller and AuditorGeneral of India; (ii) Mr. Ramachandra Guha, eminent writer, thinker andcricket historian; (iii) Mr. Vikram Limaye, Managing Director and CEO,IDFC Ltd.; and (iv) Ms. Diana Edulji, former eminent cricketer andcaptain of the Indian Women's Cricket team. 5. Mr. Vinod Rai shall be the Chairman of the Committee of Administrators. The C.E.O. of B.C.C.I. shall report to the Committee of Administrators and the Administrators shall supervise the management of B.C.C.I. 6. An issue had arisen on the previous occasion, as well as today with regard to the implementation of Justice Lodha Committee recommendations which have been accepted by this Court with certain modifications. It is submitted by Mr. Gopal Sankaranarayanan, learned counsel, the Secretary of Justice Lodha Committee that it had incorporated certain time lines. Mr. Arvind P. Datar, learned senior counsel appearing for B.C.C.I. would submit that many of the suggestions of Justice Lodha Committee which have been accepted by this Court have been complied with. There is a dispute with regard to the same. 7. In view of the same, we direct the Committee of Administrators to ask the C.E.O. of B.C.C.I. to submit a compliance report within a week hence. Mr. Sankaranarayanan, learned counsel shall supply the time lines to Mr. Datar so that the counsel assisting Mr. Datar may be in a position to convey to the C.E.O. what is to be placed before the Committee. The Committee shall scrutinize the compliance and submit a status report before this Court within four weeks from today. 8. Be it noted, on the last occasion, it was submitted by Mr. Datar that B.C.C.I. has to send a nominee to attend the meeting of ICC which is likely to be held in the first week of February, 2017. For the aforesaid purpose, names have been suggested by Mr. Datar. Considering the names suggested by Mr. Datar, we are of the opinion that three persons, one from the Committee of Administrators and two from the B.C.C.I. shall attend the ICC meeting so that there will be objectivity and transparency. For the aforesaid purpose, we nominate, Mr. Amitabh Choudhary, Joint Secretary, and Mr. Anirudh Chaudhry, Treasurer, B.C.C.I. and Mr. Datar. Considering the names suggested by Mr. Datar, we are of the opinion that three persons, one from the Committee of Administrators and two from the B.C.C.I. shall attend the ICC meeting so that there will be objectivity and transparency. For the aforesaid purpose, we nominate, Mr. Amitabh Choudhary, Joint Secretary, and Mr. Anirudh Chaudhry, Treasurer, B.C.C.I. and Mr. Vikram Limaye, Managing Director and CEO, IDFC Ltd. Needless to say, B.C.C.I. shall make all arrangements for and bear the expenses of the same. It is further clarified that these persons have been nominated to attend the ICC meeting only for this time. 9. With regard to the terms and conditions of the Committee of Administrators, the C.E.O. of B.C.C.I. shall place the proposal before this Court. 10. Mr. Datar, learned senior counsel appearing for B.C.C.I. submits that he has Letters of Undertaking from certain office bearers in pursuance of the order dated 2nd January, 2017. Liberty is granted to file them. Needless to say, the grant of the liberty to file does not mean that we have expressed any opinion on the undertaking or the validity thereof. 11. Let the matter be listed at 3.00 p.m. on 27th March, 2017.