August,7,2016:
Will study interim report of J. Katju and then take a call, says BCCI secretary Ajay Shirke
Recent Apex Court verdict on reforms in BCCI came under a scathing attack by Justice Markandey Katju (Retd), when he termed the Cricket reforms Ruling as “unconstitutional and illegal.”
Just a week ago J. Katju was appointed by the BCCI to Chair a Panel to advise them on the implementation of Justice Lodha Committee Recommendations.
Ex. SC Judge also asked the Board to first file a review petition to look into the decision before a larger Bench of the Supreme Court and advised them to not meet the Lodha Committee as scheduled on August 9 even terming the panel as “null and void.”
He bitingly said that what the Supreme Court has done is totally unconstitutional and illegal. This is in violation of principles of the Constitution. Under the Constitution, nation has legislature, executive and judiciary. There is broad and clear separation of functions. Make laws is a legislature’s prerogative and if the judiciary starts making laws as is done here then one is setting a dangerous precedent.
He advised BCCI to file a Review petition before a larger SC Bench.
He questioned on how can Supreme Court outsource a committee like Lodha Committee to decide on BCCI’s punishment.
Ajay Shirke, BCCI secretary, however, said that the BCCI would first study the Justice Katju's interim report before taking a call.
Elaborating his viewpoint J. Katju said that he order of Supreme Court to appoint the Lodha Committee to find the defects in working of BCCI was OK but when the Lodha Committee Report was submitted to SC, it should have simply forwarded it to Parliament and State Legislatures. It should have been left to legislature to accept or not to accept the recommendations. But how is Judiciary supposed to legislate.
Justice Katju was of the view in hir Report that the BCCI’s Constitution had been prepared under Tamil Nadu Societies Registration Act,1975 and neither the apex court nor the Lodha Committee can forcibly change the BCCI by-laws.
As per him by doing this both Supreme Court and Lodha Committee have violated Tamil Nadu Societies Registration Act.
BCCi has its own Memorandum and by laws. If you want to change the constitution for any reason, you need to pass a special resolution by 2/3rd of majority. The society (BCCI) alone can amend the by-laws. If there are complaints of financial irregularities or any administrative lapses, one has to write to Registrar of Societies to look into them.
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