Amicus Curiae wants Supreme court appointed administrators to run BCCI IPL and State Associations

[Malcolm Merlyn]

The Supreme Court is likely to finalise a committee of administrators to run the BCCI on Tuesday, and amicus curiae Gopal Subramanium has asked for this committee to be given the power to run the IPL, appoint the board's representative to ICC meetings and take over non-compliant state associations.

There has been a leadership vacuum in the BCCI since January 2, when the court removed Anurag Thakur and Ajay Shirke as president and secretary. The court said that it would appoint a committee of administrators to oversee the board's operations until fresh elections are conducted and its constitution amended as per the Lodha Committee's recommendations.

Subramanium filed an intervention application in the court last Wednesday, in which he said it was important and urgent to empower the committee "to allay any misgivings that cricketing activities will be affected due to transition in the administrative structure" of BCCI and the state associations.

"The reliefs are emergent and necessary to assist and empower the Committee of Administrators to carry out the mandate of this Hon'ble Court and effectively discharge the onerous responsibility placed on them to ensure that the reforms are implemented in its letter and spirit."

Subramanium asked the court to issue "a direction that the Committee of Administrators shall also be in charge of IPL and may appoint advisors as they deem necessary; an injunction restricting any person, groups of persons, association(s), State Cricket Association(s) from interfering in the functions of the Committee of Administrators; a direction empowering the Committee of Administrators to nominate any member to represent BCCI in the forthcoming ICC Conferences."

Additionally, Subramanium wanted the committee of administrators to take control of all state associations that have not complied with the Lodha Committee's recommendations. Some of them are still holding out despite the court's orders in October limiting their financial freedom. Subramanium added more pressure by asking, "upon the office bearers of State Cricket Associations not filing an undertaking in accordance with the orders dated 7.10.2016 and 21.10.2016, the Committee of the Administrators shall be in charge of such State Cricket Association(s) including its properties until freshly elected bodies are in place."

Another significant plea from Subramanium concerned the reinstatement of the Lodha Committee's authority.

In its January 2 order, the court had agreed to a request by the Lodha Committee to limit their purview to "overall policy and direction". But a week later, the Lodha Committee answered a list of frequently asked questions on who could become a BCCI office bearer. Kapil Sibal, the senior legal counsel who has been representing BCCI and some of the state associations, asked the court on January 20 whether the Lodha Committee was eligible to reply to those FAQs. The court told Sibal it would address the matter in due course.

To counter such doubts, Subramanium wanted the court to restore the Lodha Committee's powers: "…A direction that the mandate of the Justice Lodha Committee to complete oversight, implementation and issuing directions if necessary in terms of the judgement dated 18.7.2016 shall continue in addition to the administration of BCCI and implementation of the reforms by the Committee of Administrators and, liberty be granted to the Committee of Administrators to seek guidance and directions from the Justice Lodha Committee and if necessary to apply to the Hon'ble Supreme Court for directions through the Amicus Curiae."

This is a clear case of conflict of interest.The Amicus selected these administrators and now he is filling applications to grant them wide ranging powers.The Amicus should have no role in saying what powers should be given to people selected by him.This is ridiculous.The administrators were to only oversee the functioning while the remaining office bearers must be allowed to function.This is ridiculous.

[Malcolm Merlyn]

@trichromatic

@forever Indian

@beautiful_game

[Masquerade]

Farce after farce. Welcome to India - where Prime Ministers can destroy the country's economy in a matter of minutes, oppostion parties spend more time trading insults than policies and parliamentary debate sessions are reduced to shouting matches. Now we have this. Never change, India 

[Malcolm Merlyn]

SC refuses.

[sandeep]

This whole thing smacks of over-reach now.  Short sighted SC and Lodha committee failed to see the obvious implementation issues with their far-reaching "reforms" and now we are saddled with total adminstrative chaos for the near future.  BCCI old guard is also partly to blame, because they adopted scorched earth tactics with Lodha and did not co-operate with them in coming up with required reforms.  And then tried to cherrypick the changes they were comfortable with.  

 

What a effing mess.  And we are past the "throw the bums" out stage - even if we throw the Lodha bums out, who else to turn to in their stead.  Last thing we want is the goddam government and sports ministry involved.  Everyone knows what a stellar job they have done with administration. 

[BeautifulGame]

37 minutes ago, sandeep said:

What a effing mess.  And we are past the "throw the bums" out stage - even if we throw the Lodha bums out, who else to turn to in their stead.  Last thing we want is the goddam government and sports ministry involved.  Everyone knows what a stellar job they have done with administration. 

Quote

Rohatgi's original request was for the July 18 order, which had made the implementation of the Lodha Committee recommendations mandatory across the BCCI, to be reviewed but the court said, "Once we pen an order, it is clear as day that it will be implemented."

 

http://www.espncricinfo.com/india/content/story/1079355.html

 

No one is throwing out the reforms

[BeautifulGame]

Quote

 

Rohatgi's original request was for the July 18 order, which had made the implementation of the Lodha Committee recommendations mandatory across the BCCI, to be reviewed but the court said, "Once we pen an order, it is clear as day that it will be implemented."

Justice Mishra was particularly stern on the counsel from the respondents when they sought to dispute and delay the formation and composition of the committee of administrators.

He asked the attorney general why he had not been present through the six months of hearings and arguments over the Lodha recommendations between January and July 2016. "Where were you when SC passed the orders [on appointment of the Lodha committee]?

"We are not trying to destroy the autonomy of sports bodies. We are removing the impure elements from them, so that they gain autonomy."

At one point in the hearings on Tuesday, when Kapil Sibal, counsel for some of the state associations, appealed for the BCCI to make its own recommendations for the COA, Justice Mishra pointed out that on January 2, the BCCI had been asked to make its suggestions but had not responded in any manner. He then had Sibal read out loud to open court a section from the January 2 order which stated: "We request the learned counsel appearing on behalf of the parties to also place their suggestions before the court so as to facilitate a considered decision."

When attorney general Rohatgi asked the court to defer a decision by two weeks, stating that the Centre was "mulling" over bringing in a sports code to make sports bodies more autonomous, Mishra who was dictating his order responded by saying, "you are only mulling over it.[sic]"  

 

http://www.espncricinfo.com/india/content/story/1079355.html

 

 

[Malcolm Merlyn]

 

Rohatgi's original request was for the July 18 order, which had made the implementation of the Lodha Committee recommendations mandatory across the BCCI, to be reviewed but the court said, "Once we pen an order, it is clear as day that it will be implemented."

Justice Mishra was particularly stern on the counsel from the respondents when they sought to dispute and delay the formation and composition of the committee of administrators.

He asked the attorney general why he had not been present through the six months of hearings and arguments over the Lodha recommendations between January and July 2016. "Where were you when SC passed the orders [on appointment of the Lodha committee]?

"We are not trying to destroy the autonomy of sports bodies. We are removing the impure elements from them, so that they gain autonomy."

At one point in the hearings on Tuesday, when Kapil Sibal, counsel for some of the state associations, appealed for the BCCI to make its own recommendations for the COA, Justice Mishra pointed out that on January 2, the BCCI had been asked to make its suggestions but had not responded in any manner. He then had Sibal read out loud to open court a section from the January 2 order which stated: "We request the learned counsel appearing on behalf of the parties to also place their suggestions before the court so as to facilitate a considered decision."

When attorney general Rohatgi asked the court to defer a decision by two weeks, stating that the Centre was "mulling" over bringing in a sports code to make sports bodies more autonomous, Mishra who was dictating his order responded by saying, "you are only mulling over it.[sic]"  

 

http://www.espncricinfo.com/india/content/story/1079355.html

 

 

The hint is clear to SC,recall your order or the govt will supercede it with a legislation.

[jalebi_bhai]

Mandatory recommendations?

We have a definitional problem. Just call them diktats/fatwas.