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BCCI’s review plea seeks CJI Thakur’s recusal
NEW DELHI: In a last-ditch attempt to protect its turf, the Indian cricket board has pleaded for the recusal of ‘biased’ Chief Justice of India, TS Thakur, in its
NEW DELHI: In a last-ditch attempt to protect its turf, the Indian cricket board has pleaded for the recusal of ‘biased’ Chief Justice of India, TS Thakur, in its review petition filed in the Supreme Court on Tuesday against the implementation of reforms in the sports body as recommended by the Lodha committee report.
As per rule, the bench of Justice Thakur will hear the petition. And review petitions are heard in the judges’ chamber and there will be no public hearing.
The bench of Justices Thakur and Justice FM Ibrahim Kalifulla, who has since retired, delivered the judgment on July 18 and ordered the BCCI to implement the Lodha committee report to usher in administrative changes and make the cricket body more transparent.
As Justice Kalifulla has retired, a new judge of Justice Thakur’s choice will join him.
BCCI sources told HT that the CJI is biased because he mocked the board during the hearing and showed it in poor light. “Jagmohan Dalmiya became unwell after he took over as the head. And when the CJI made the remarks, he was no longer alive,” a BCCI source said.
The Lodha panel in its report released on January 4 had recommended sweeping changes. Amongst other things, it wanted ministers and government officials to be barred from holding office in the BCCI. It also recommended fixed three-term tenure for office-bearers with a cooling off period in between.
OBJECTION TO COMMENTS
According to sources, the board has objected to Justice Thakur’s comments that cricket has grown despite BCCI. Justice Thakur’s recent statement against the Board during the hearing of a petition seeking judicial intervention in the functioning of the All India Football Federation (AIFF) too hasn’t gone down well with the BCCI.
While asking the petitioners to approach the high court in the AIFF case, Justice Thakur had noted that the sports body required a BCCI-like treatment. “He is not in a position to decide objectively and fairly because he is biased,” said BCCI’s lawyer.
DOCTRINE OF SEPARATION
The petition also talks about how SC has disregarded the doctrine of separation of powers. It said parliamentary and state enactments have been ignored by the top court, which also overlooked many binding judgments that hold that the SC is not empowered to make laws.
“A lot of associations are registered under the Companies Act. BCCI is a body under the Tamil Nadu Societies Act under which the board can have its own constitution. The law permits only the registrar of societies to look into disputes. But in this case no complaint has been made to the registrar against the BCCI,” said the source.
