BOARD OF CONTROL FOR CRICKET IN INDIA versus CRICKET ASSOCIATION OF BIHAR & ORS.

Citation: [2016] 9 S.C.R. 819 · Decided: 21-10-2016 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Hearing Adjourned

Judgment (excerpt)

[2016] 9 S.C.R. 819 
BOARD OF CONTROL FOR CRICKET IN INDIA 
v. 
CRICKET ASSOCIATION OF BIHAR & ORS. 
(Civil Appeal No. 4235 of20 I 4) 
OCTOBER21, 2016 
[T. S. THAKUR, CJI, A. M. KHANWILKAR AND 
DR. D. Y. CHANDRACHUD, JJ.] 
Supreme Court - Directions - Breach of. by BCCI - Justice 
Lodha Committee appointed by Supreme Court - Recommendations 
by the Committee endorsed in the final judgment and order of 
Supreme Court dated 18'" July, 2016 - In defiance thereof; President 
of BCCI requested the CEO of ICC to state that the recommendation 
of the Committee for appointing CAG nominee tantamounts to 
governmental interference in working of BCCI - Held: There was 
no occasion for the BCCI President to do so once (he 
recommendation of the Committee was accepted in the judgment 
dated 18'" July, 2016 - Implementation of the said judgment was 
prima facie impeded by intransigence of BCCI and its officers -
Though, BCCI is in default and breach of the directions of Supreme 
Co!Jrt, additional opportunity given to it to establish its bona fides 
and to secure compliance with the judgment dated 18'" July, 2016 -
In view of submission of BCCI that it would make every genuine 
effort to secure compliance with the judgment of Supreme Court, 
and in the larger interests of the game of cricket, no direction issued 
at this stage. for appointment of administrators (as sought by the 
Committee), so as to enable BCCI to demonstrate its good faith -
BCCJ to report the steps taken for compliance both before the 
Committee in the first instance and before Supreme Court by the 
next date of hearing - However, additional directions issued in the 
interest of maintaining transparency in the functioning of BCCI -
Sports - Cricket: 
In order to make the functioning of Board of Control for Cricket 
in India (BCCI) transparent, objective and accountable, Justice Lodha 
Committee was appointed by Supreme Court. Recommendations were 
made by the Committee inter alia for appointing a CAG nominee in 
BCCI, which were endorsed in the final judgment and order ofSt_1preme 
819 
A 
B 
c 
D 
E 
F 
G 
H 
820 
A 
B 
c 
SUPREME COURT REPORTS 
[2016] 9 S.C.R. 
Court dated J8•h July, 2016. A supervisory role was assigned to the 
Committee to see that the directions contained in the final judgment are 
implemented. The Committee filed status report observing that "BCCI 
repeatedly took steps to undermine the Committee and this 
Court" and that the President of BCCI had even gone to the extent of 
requesting ICC to issue a letter that "this Committee amounts to 
governmental interference". In pursuance thereof, this Court asked 
the President ofBCCI to file a personal affidavit whether he had asked 
the CEO of the ICC to state that the appointment of Justice Lodha 
Committee tantamounts to government interference in the working of 
BCCI . The BCCI President accordingly filed an affidayit with reference 
to the said direction. 
The Court 
HELD: 1. In the present case, the issuance of certain 
additional directions has become inevitable, over and above those 
that are contained in the previous order dated 7 October 2016. 
D Prima facie, there is substance in the status report submitted by 
the Justice Lodha Committee. Implementation of the final 
judgment of this Court dated 18 July 2016 has primafacie been 
impeded by the intransigence of BCCI and· its office bearers. 
However, having due regard to the submission made on behalf of 
E 
BCCI that it would make every genuine effort to persuade the 
State associations to secure compliance with the judgment of this 
Court, and having regard to the larger interests of the game of 
cricket, this Court is desisting from issuing a direction at this 
stage in terms of the request made by the Committee for 
·appointment of administrators so as to enable BCCI to 
F 
demonstrate its good faith and the steps taken for compliance 
both before the Committee in the first instance and before this 
Court by the next date of hearing. However, certain additional 
directions issued in the interest of maintaining transparency in 
the-functioning of BCCI, having regard to the sequence of events 
G after 18 July 2016. [Para 19)[832-B-F] 
H 
CIVIL APPELLATE JURISDICTION: Civil Appeal J\jo. 4235 
of2014. 
. 
From the Judgment and Order dated 30.07.2013 of the High Court 
of Judicature at Bombay in PIL No. 55of2013 
BOARD OF CONTROL FOR CRICKET IN INDIA v. CRICKET · 821 
ASSOCIATION OF BIHAR & ORS. 
WITH 
C. A. No. 4236 of2014 and C. A, No

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