SC defers hearing of applications in BCCI case by two weeks

Sourav Ganguly

The Supreme Court Wednesday said it would hear after two weeks the applications which have raised issues relating to the Board of Control for Cricket in India (BCCI). The matter came up for hearing before a bench comprising Chief Justice S A Bobde and Justice L Nageswara Rao. The advocates appearing for cricket associations of Tamil Nadu and Himachal Pradesh told the bench that they have filed applications in the matter and they should be listed for hearing.

"I am appearing for Tamil Nadu Cricket Association. We have filed an IA which is not listed today. So, kindly direct that our IA be listed for hearing in the court," senior advocate Kapil Sibal, appearing for Tamil Nadu Cricket Association, told the bench. Senior advocate Harish Salve, appearing for Himachal Pradesh Cricket Association, also said that application filed by them has not been listed.

The bench said these applications would be taken up for hearing after two weeks. Recently, the Comptroller and Auditor General (CAG) has also moved the top court seeking modification of its 2016 order and to enable it to annually or biennially undertake financial, compliance and performance audit of the BCCI and state cricket associations.

The CAG, in its application, has sought modification of the July 18, 2016 order by which the apex court had accepted the recommendations of Justice R M Lodha committee, including the one regarding inclusion of a nominee of the CAG in the apex council of the BCCI and also in the governing council of Indian Premier Leauge (IPL).

It has said that out of the 35 state cricket associations, only 18 have requested nominations till date and these have been made by the CAG while the remaining 17 are yet to approach the nominating officers. Seeking reconsideration of the apex court's 2016 directive, the CAG has given suggestions in the application "to ensure better redressal of concerns of the court and also to ensure more effective implementation of the recommendations of Justice Lodha committee."

It has said that being the supreme audit institution of India, the CAG's specialization is audit.
"Therefore, the CAG may be considered for intervention in the affairs of BCCI/state cricket associations only for the purpose of audit - either as a routine e.g. annual, biennial etc or as and when directed by this court," it said.

In its July 18, 2016 order, the apex court had agreed with Justice Lodha committee's recommendation to include a nominee of CAG as a member of BCCI, saying it would bring in transparency and financial oversight into the affairs of the national governing body for cricket. While upholding the recommendations of the panel, the apex court had brushed aside the objection of BCCI that inclusion of these officials at the state level and in the national cricket governing body would amount to government interference leading to its de-recognition by the International Cricket Council (ICC).

The Lodha committee was constituted in January 2015 by the apex court to examine and make suitable recommendations for effective working of BCCI and state cricket associations.

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