EX Supreme Court Justice Markandeya Katju calls SC judgement on BCCI and Lodha Committee Unconstitutional,asks BCCI to file review petition

[beautifulgame]

Some of them are above.

The guy a loose cannon .Has mostly lost sanity long time back.

This is the same guy who called Modi Anti National and wanted Katrina Kaif for President because she is beautiful.A and repeatedly made accusations against SC judges without a shred of evidence .

He called Gandhiji British agent and Netaji Japanese agent .The guy has zero credibility .

But then it's the BCCI who has engaged him .Hardly a surprise

Edit :

The review will be thrown out anyway .He is just wasting their time and most likely put the desperate Shirkey in contempt of court .

[Malcolm Merlyn]

5 minutes ago, beautifulgame said:

 

 

The guy a loose cannon .Has mostly lost sanity long time back.

 

This is the same guy who called Modi Anti National and wanted Katrina Kaif for President because she is beautiful.A and repeatedly made accusations against SC judges without a shred of evidence .

 

He called Gandhiji British agent and Netaji Japanese agent .The guy has zero credibility .

 

But then it's the BCCI who has engaged him .Hardly a surprise

Edit :

The review will be thrown out anyway .He is just wasting their time and most likely put the desperate Shirkey in contempt of court .

 

The BCCI will file a review when Justice Thakur is about to retire or close to retirement.

 

And Justice Katju is giving legal opinion here.

 

And do you not agree that Supreme Court is making and amending laws which is not their domain.They cannot do this.

[beautifulgame]

 

The BCCI will file a review when Justice Thakur is about to retire or close to retirement.

 

And Justice Katju is giving legal opinion here.

 

And do you not agree that Supreme Court is making and amending laws which is not their domain.They cannot do this.

The review petition has to be filed within 30 days of judgement .

BCCI is filling it in the next two days .

http://www.espncricinfo.com/india/content/story/1044013.html

[Malcolm Merlyn]

11 minutes ago, beautifulgame said:

The review petition has to be filed within 30 days of judgement .

BCCI is filling it in the next two days .

http://www.espncricinfo.com/india/content/story/1044013.html

Sorry i meant a curative petition.

 

And the SC has now threatened the AIFF of giving them "BCCI Treatment".Seems like the SC is ruling the country now.

[beautifulgame]

Sorry i meant a curative petition.

 

And the SC has now threatened the AIFF of giving them "BCCI Treatment".Seems like the SC is ruling the country now.

All the sporting bodies in India need reforming long due.

All corrupted by politicians so they won't bother reforming them.Good on SC taking up the mantle .

Next should by the Olympic committee hopefully .

[Malcolm Merlyn]

8 minutes ago, beautifulgame said:

All the sporting bodies in India need reforming long due.

All corrupted by politicians so they won't bother reforming them.Good on SC taking up the mantle .

Next should by the Olympic committee hopefully .

 

How the F can the Supreme Court decide how each and every organisation function.Its not their job.So now they will superesede the Sports Act after they have already made a mockery of the TN Societies Act?

 

PAssing laws is not their job.

[beautifulgame]

 

How the F can the Supreme Court decide how each and every organisation function.Its not their job.So now they will superesede the Sports Act after they have already made a mockery of the TN Societies Act?

 

PAssing laws is not their job.

Don't give a * if it's in their purview or not (and that's for Supreme court themselves to decide ) all that matters is if it's good for the sport or not .

And it is .

[Malcolm Merlyn]

57 minutes ago, beautifulgame said:

Don't give a * if it's in their purview or not (and that's for Supreme court themselves to decide ) all that matters is if it's good for the sport or not .

And it is .

 

SO Supreme Court will itself decide its purview?No conflict of interest here?

 

The constitution has already decided what is whose purview.

[gakgupta]

8 hours ago, Malcolm Merlyn said:

 

How the F can the Supreme Court decide how each and every organisation function.Its not their job.So now they will superesede the Sports Act after they have already made a mockery of the TN Societies Act?

 

PAssing laws is not their job.

Thak god someone is taking the responsibility of cleaning up the sporting bodies...KUDOS to supreme court...

All these sporting bodies are corrupt and all the rules needs to be amended and it's long due...

In a country like INDIA where money is the highest priority and ethics are the lowest priority, we needed someone to clean this up...

All, i don't understand what kind of work, politicians have in a cricketing body. Hopefully, supreme court comes up with a rule saying that a current politician / ex-politician cannot be a part of any sporting body unless he played sport on a certain level

 

[gakgupta]

8 hours ago, Malcolm Merlyn said:

 

How the F can the Supreme Court decide how each and every organisation function.Its not their job.So now they will superesede the Sports Act after they have already made a mockery of the TN Societies Act?

 

PAssing laws is not their job.

So much corruption has been happening (happened) by this administrators.... i HOPE SUPREME COURT TAKES IT UP AND CALL FOR THOROUGH INVESTIGATION ON THESE CORRUPT GUYZ

[Malcolm Merlyn]

14 hours ago, gakgupta said:

Thak god someone is taking the responsibility of cleaning up the sporting bodies...KUDOS to supreme court...

All these sporting bodies are corrupt and all the rules needs to be amended and it's long due...

In a country like INDIA where money is the highest priority and ethics are the lowest priority, we needed someone to clean this up...

All, i don't understand what kind of work, politicians have in a cricketing body. Hopefully, supreme court comes up with a rule saying that a current politician / ex-politician cannot be a part of any sporting body unless he played sport on a certain level

 

Supreme court ruling is illegal.No matter what the intention,they cannot do this.They dont have the power to do so.

[Malcolm Merlyn]

Quote

here is a certain irony about BCCI reviewing a decision. But like in the case of the Decision Review System that it opposes, filing a review petition against the reforms recommended by the Lodha Committee, and mandated by the Supreme Court, this can be seen as a desperate late review to waste minutes while trying to save a Test in dying light. Or perhaps there is a bigger gambit.

On the face of it, a review petition is the only legal recourse available to the BCCI. However, for it to have a chance to succeed, its legal team will have to persuade the same set of judges - in this case the Chief Justice of India TS Thakur and a judge he nominates because his partner in this case, Ibrahim Kalifullah, has retired - of an apparent error in their judgment. And if they choose to admit the petition, it will be heard in private.

 

 

 

 

 

The BCCI, it is said, has been emboldened by the legal advice it has received from former Supreme Court judge Markandey Katju, who, in an extraordinary offensive, has called the Supreme Court's decision "unconstitutional and illegal". He has accused the Supreme Court of setting a bad precedent by assuming legislative powers in this case, or practising in "judicial activism" as it is known in legal circles.

Legal experts, however, point out this is not the first time the judiciary has ventured into drafting legislation, more popularly with the drafting of Visakha, a set of guidelines in cases of sexual harassment in India because at that time there was no such law in India.

As matters stand, the BCCI is poised to take Katju's advice and miss the August 9 meeting with the Lodha Committee. That, and hiring Katju is being seen in legal circles as tantamount to waving the red rag to the judiciary for there is history between him and Justice RM Lodha. Katju has been in recent times an outspoken critic of the Indian judiciary. After taking over the chairmanship of the press council, he had public issues with Lodha, who recommended a two-year cooling-off period for retired judges before they took up government assignments.

If this is a delaying tactic - Kalifullah has already retired, and Thakur is due to depart in January 2017 - legal experts believe there is far too much time left to delay through this final review. This review petition will have to be filed by August 18 or thereabouts, and the BCCI will still have to kill another five months if they are hoping for a change of heart from the new chief justice after Thakur.

Justics JS Khehar is in line to succeed Thakur and he was ‪part of the two-man bench before whom the BCCI had challenged the decision of the Bombay High Court‬ about the fact that due legal processes had not been followed in investigating the IPL 2013 corruption case.

However, seen from another angle, it can be argued that there is little to lose from taking the matter further for the current BCCI dispensation because a majority of them stand to lose positions either immediately or after the current term is over if two major recommendations - taking out administrators who are over 70 and those who have already served nine years - come in to effect. They may as well give it every desperate shot.

Yet there is another school of thought that gives the BCCI more credit than just gambling desperately. The board, with a member of parliament from the ruling party (the BJP) as its head and the union finance minister widely believed to be its godfather, enjoys loyalties in the parliament that cuts across party lines, which is believed to be the BCCI's trump card.

It is believed that powers higher than the BCCI office bearers are calling the shots now; in fact some BCCI members have anonymously questioned the wisdom of pitting a former Supreme Court judge against the Chief Justice of India. However, there is possibility of cold logic and an elaborate game plan behind this. Filing the review petition, even if it is not likely to be entertained as Katju has himself written in his blog, is to follow the formalities and also buy time. In Katju they have a man who will publicly say what they want to say but with the authority of a former Supreme Court judge. Also, during the process there will be unnamed BCCI sources telling the media how the legal tussle is hurting the organisation of cricket matches in order to gain more sympathy.

While all this serves as a distraction, the parliament could move to clear the long-pending Sports Bill which was originally brought in as a means to rein in errant sports federations, offer regulations regarding age (60) and tenure of officials much like the Lodha regulations. The Sports Bill was being held up due to political opposition for the last four years, but the Lodha report may give it life again, even if in a slightly diluted form, reducing age and tenure limitations and making it an overarching piece of legislation which the BCCI can adhere to and extricate themselves out of the Lodha report's far tougher regulations.

On paper, political will should be easy to garner because the BCCI has members across political parties, but if this is the BCCI plan, it will not be as rosy as it sounds. For starters it might have to agree to fall under the Right to Information Act (RTI), an integral part of the Sports Bill that the BCCI has avoided. Moreover, legal experts believe that while the parliament can pass a bill that overrules the Supreme Court judgement, there has to be a sound legal foundation for it; the only purpose of the bill cannot be to counter a recent Supreme Court judgement.

If this is indeed the plan, the BCCI will have to execute it to perfection to get over all possible objections and public outrage against it, but even if such a bill does get cleared to counter the Lodha Committee, all it will take is a Public Interest Litigation (PIL) from any Indian citizen to take the matter back to the judiciary. Either way it is safe to say that we are some way from hearing the last of this case.

Quote

What is a review petition?

A review petition is the recourse available to aggrieved parties to appeal against binding Supreme Court judgements based on an apparent error. In this case, Markandey Katju has argued on behalf of the BCCI that the Supreme Court has exceeded its judicial powers and assumed legislative powers in restructuring the BCCI.

Who is Markandey Katju?

Katju is a former Supreme Court judge and an outspoken critic of the Indian judiciary. He has previously been in disagreement with Justice RM Lodha.

Who will hear the petition?

It usually goes back to the same judges who hear it in private before giving it a public hearing if there is merit to it. In this case, though, Justice Imbrahim Kalifullah has retired so Justice TS Thakur will be joined by a replacement.

Who will choose Kalifullah's replacement?

Thakur, by the virtue of being the Chief Justice of India.

By when can the petition be filed?

Within a month of the signed judgement being issued to the parties.

Does Katju's argument have merit?

Legal experts say that while the court might be assuming legislative powers, this is hardly without precedent. The most popular such high-profile case was when the Supreme Court laid down the guidelines for sexual harassment cases when no such law existed in India.

What if the review petition is not accepted?

In extreme cases the Supreme Court may consider a curative petition, which is not a constitutional right but a mechanism introduced by the Supreme Court to guard against gross miscarriage of justice. It can be filed by persons who are not party to proceedings or who haven't been heard.

http://www.espncricinfo.com/india/content/story/1044139.html

 

@gakgupta

@FischerTal

@beautifulgame

[Malcolm Merlyn]

The latest is that Lodha committee now wants to be consulted and wants to intervene on the sale of television rights of BCCI.

WTF is happening!!!

So the SC now wants to run cricket by proxy of Lodha panel?How far can this go unchecked?

[urbestfriend]

BCCI is private body when it wants to, but they are making highest profit with zero accountability to public and they dont have any competition. What a crap..  

Seriously this is the time we stop getting into legal arguments and start supporting the right thing, supporting SC for its landmark decision to clean up the main sporting body. Yes, there'll be a lot of opposition, BCCI can buy few journalists and lawyers but we people should stand behind SC. 

[Malcolm Merlyn]

BCCI is private body when it wants to, but they are making highest profit with zero accountability to public and they dont have any competition. What a crap..  

Seriously this is the time we stop getting into legal arguments and start supporting the right thing, supporting SC for its landmark decision to clean up the main sporting body. Yes, there'll be a lot of opposition, BCCI can buy few journalists and lawyers but we people should stand behind SC. 

Stand behind SC to make BCCI another inefficient,slow,poor,begging for money,non competitive,govt organisation like body.Right!!!The only reason cricket and BCCI has progressed in India is because they havent had govt interference.

Can you tell me if FIFA IOC ICC anyone reports to public?

[urbestfriend]

1 hour ago, Malcolm Merlyn said:

Stand behind SC to make BCCI another inefficient,slow,poor,begging for money,non competitive,govt organisation like body.Right!!!The only reason cricket and BCCI has progressed in India is because they havent had govt interference.

Can you tell me if FIFA IOC ICC anyone reports to public?

Can you substantiate which point in Loadha recommendation makes BCCI slow, poor, begging for money , non-competitive? Since when BCCI is competitive organisation? Otherwise its a pointless accusation.

You can hide behind BCCI being private entity, but they make their money as BCCI team is  India team and ministry of sports has given authority to BCCI for the same. Various governments have given lands and tax sops to BCCI over the years. They need to be accountable and transparent to the public as long as they send "Indian" team. 

 

[Malcolm Merlyn]

Can you substantiate which point in Loadha recommendation makes BCCI slow, poor, begging for money , non-competitive? Since when BCCI is competitive organisation? Otherwise its a pointless accusation.

You can hide behind BCCI being private entity, but they make their money as BCCI team is  India team and ministry of sports has given authority to BCCI for the same. Various governments have given lands and tax sops to BCCI over the years. They need to be accountable and transparent to the public as long as they send "Indian" team. 

 

1.Ministry of sports has nothing to do here.They have given BCCI no authority.World cricket is run by ICC and their Indian member is BCCI.Sport ministry cant do anything.It all depends on ICC who they recognise as the Cricket body in India.Sports ministry or Supreme court cant do jack about it.

2.Please read about this so called "India" thing you claim.No one has a trademark on India.And whosoever is recognised by ICC as the administrator of Indian cricket can send the team as Indian team.

3. Private Hospitals,Academies,industries,colleges all get land on concessional rates and get tax rebates are they also answerable to the public?

Understand this,ICC runs world cricket and MCC are the holders of copyright of cricketing laws.ICC recognises a body in each country as their member and lets them run the cricket in that country.BCCI is that body in India.

All sporting bodies are private bodies including IOC FIFA ICC take anyone.

Why did Supreme court include a govt nominee CAG person to BCCI?Does BCCI take money from govt.?It doesnt.Now we will have the same babudom of clearing files as it exists in Govt.

Why should the BCCI ask Lodha Committee about who should they sell their TV rights?BCCI is holding 3 T20 matches in USA in August end and since those rights were with no one they sold the rights after tendering.Lodha panel wants to know why rights were sold why matches were organised.Is that what they are supposed to do?Is Lodha committee running cricket in India?Have these judges ever run a successful business?What do they know about running a successful business?What is their experience in administration?This committee is billing BCCI lakhs of rupees per day.

BCCI is the only sporting body that has created a world class team for the sport it governs.Name another body that has done so in India.NONE.

Supreme court is trying to run this country through its decree and committees.They want to have a say in everything.Thats not how the constitution works.

[beautifulgame]

BCCI is a corrupt board full of Nepotism that needed to be reformed .

Great on SC in carrying out that job.

Just because it created a world class team is no excuse to carry on with its Nepotism and corruption.F or the resources at BCCI we have a fairly rubbish team .Not a surprise with their corruption and ineptitude.

And BCCI is answerable to Indian fans and SC as long as it is representing India in International World.

Maybe fans of BCCI may hate it but no Indian fan will complain about these reforms .

[Malcolm Merlyn]

BCCI is a corrupt board full of Nepotism that needed to be reformed .

Great on SC in carrying out that job.

Just because it created a world class team is no excuse to carry on with its Nepotism and corruption.F or the resources at BCCI we have a fairly rubbish team .Not a surprise with their corruption and ineptitude.

And BCCI is answerable to Indian fans and SC as long as it is representing India in International World.

Maybe fans of BCCI may hate it but no Indian fan will complain about these reforms .

1.Just because you dont like the BCCI doesnt mean it can be d9ne away with.

2.Its job is governing cricket and it has done a good job of it by creating a team that can be termed world class.

3.BCCI is not answerable to SC or public.Can you ask FIFA or IOC or ICC to answer to you?No.

Supreme court has no job running cricket in India.It should focus on it job of delivering judgements and not waste time in running the country when 100s of 1000s of cases are pending before it.

[beautifulgame]

1.Just because you dont like the BCCI doesnt mean it can be d9ne away with.

2.Its job is governing cricket and it has done a good job of it by creating a team that can be termed world class.

3.BCCI is not answerable to SC or public.Can you ask FIFA or IOC or ICC to answer to you?No.

Supreme court has no job running cricket in India.It should focus on it job of delivering judgements and not waste time in running the country when 100s of 1000s of cases are pending before it.

BCCI is answerable to the country and thankfully SC has ensured it remained the way.

.

And no BCCI hasn't done a good job of governing and developing cricket in the country .And definitely it has not created a world class infrastructure or team for that matter .

The fact that it's the only board opposing cricket in Olympics Olympics shows the contempt it has for India and Indian fans