CHENNAI: There has been a major disconnect between sports administrators and law in this country and it is bound to be in focus following the Supreme Court judgement.
It is important to remember that these are not just verdicts against the Board of Control for Cricket in India (BCCI) but a decree that will apply to all sporting bodies. “Since the SC has ruled on it, the general principles of law such as age, tenure and so on will apply to all sporting bodies,” former chief justice of Haryana and Punjab Mukul Mudgal told Express. “This becomes the rule of the land.” Given such a scenario, it could have far-reaching consequences. For example, the Indian Olympic Association, who last week nominated Suresh Kalmadi and Abhay Singh Chautala as Life Presidents, will not have been able to do so.
One of the Lodha Committee recommendations (this has been accepted by the Supreme Court) pertains to persons charged by a court of law. The Order 17 (g) says: “A person shall be disqualified from being an Office Bearer if he or she has been charged by a Court of Law for having committed any criminal offence.” Were this to apply across all sporting bodies — and Mudgal is of the opinion it should — Kalmadi, who has been charged, wouldn’t even have got the offer in the first place. The timing of the verdict did not surprise Mudgal. “It really wasn’t a surprise,” he said. “It had to happen so soon into the new year because the CJI is retiring on January 3rd.”
The order explicitly states that a new committee will be formed shortly to oversee the running of the cricket body. “One of the main purposes of the committee will be ensuring the BCCI adopts the judgements into their constitution,” lawyer Vidushpat Singhania, former secretary to Mudgal Committee told Express. “Even if that means having to tweak the constitution. But it is not formed to abrogate the BCCI. It is there to help it. Once they reform and implement them, I believe they will be dissolved.”