BCCI seeks review of Supreme Court’s July 19 order, recusal of Chief Justice of India

BCCI filed a petition in SC saying the bench headed by T S Thakur had 'a prejudiced approach' against it and he should recuse from hearing the matter.

By: PTI | New Delhi | Updated: August 16, 2016 10:51 pm
BCCI president Anurag Thakur, Union HRD Minister Prakash Javadekar, Central University in Dehra, Ravinder Ravi, Himachal Pradesh government, India news, latest news Earlier BCCI had accepted all the recommendations set by Justice lodha panel, but lately, the board has appealed against it.

BCCI filed a petition in Supreme Court seeking review of its July 19 verdict in which it had accepted most recommendations of the R M Lodha panel on reforms in the cricketing body, saying the bench headed by Chief Justice T S Thakur had “a prejudiced approach” against it and he should recuse from hearing the matter.

The BCCI also contended that the judgement was “unreasoned” and “seeks to frame legislative measures for a private autonomous society in a field already occupied by legislations, both parliamentary and state”.

BCCI further said the judgment authored by the CJI and Justice F M I Kalifulla (since retired) has “neither noted the contentions and facts correctly, nor dealt with the same”.

“The judgment is unconstitutional and contrary to many binding precedents of this Court and adversely affects and nullifies the fundamental rights granted to citizens under Article 19(1)(c) of the Constitution,” it said, adding “the judgment outsources judicial power to a committee of retired judges, which is impermissible in law.”

“The judgment is a nullity as the judges were functus officio after passing of the main judgment of January 22, 2015 and the matter could not have been revived suo motu as no provision of law empowers the same and is contrary to the doctrine of separation of powers and contrary to settled law that the judiciary cannot make laws,” the plea said.

However, the most important aspect of the review petition, which also demanded an open court hearing, is the plea for recusal of the CJI from hearing it alleging that there has been a “prejudiced approach” against BCCI.

“Chief Justice T S Thakur seems to have a prejudiced approach to BCCI which is evident by statements such as ‘BCCI treatment’ is to be meted out to another entity i.e. the All India Football Federation in another case, ex-facie shows that the Chief Justice has a closed mind and will summarily dismiss the review petition without listing the same before another bench of five judges for hearing in the open Court,” it said.

On July 18, the court had accepted major recommendations of the Lodha Committee on reforms in BCCI, including a bar on ministers and civil servants and those above 70 from becoming its members, but left it to Parliament to decide whether it should come under RTI and whether betting on the game should be legalised.

The apex court had also accepted the recommendations of the Committee headed by retired Chief Justice of India Justice R M Lodha to have a CAG nominee in BCCI.

The bench had, however, rejected BCCI’s objection against the recommendations for one-state, one-vote and said that states like Maharashtra and Gujarat having more than one cricket associations will have voting rights on rotational basis.

The bench also accepted the recommendation that one person should hold one post in cricket administration to avoid any conflict of interest and scrapping of all other administrative committees in BCCI after the CAG nominee comes in.

The apex court-appointed Lodha Committee had on January 4 recommended sweeping reforms and an administrative shake-up at the troubled BCCI.

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  1. P
    Pure.Hindu
    Aug 16, 2016 at 5:52 pm
    Some people may be under the impression that BCCI has spontaneously acted to ask for a review of SC order. Not so. It is an initiative by Supreme CORRUPT of India itself to secretly(through retired THIEF JUSTICES OF INDIA OPERATING AS CONSULTANTS/ GO BETWEEN/PIMPS) ask BCCI to ask for its own review. It's like this: the Supreme CORRUPT judge who actually ped the order gets enough to satisfy one party and retires. Next another judge who is appointed only after deciding what judgements he has to make in which cases, part of employment agreement, is alloted the same case. This judgement will initially order a STAY. That is a very clever criminal way to create an impression that the previous order has some lacunae. For that STAY the new supreme CORRUPT judge gets his lumpsome. He retires. The next Supreme CORRUPT Judge is appointed, fully aware what judgements he has to make in those cases that has not even come to the court. This BCCI review peion is one such case. The latest Supreme CORRUPT Judge will order exactly opposite to the first order of the first Supreme Corrupt Judge. He get is share from the opposite party and retires. Another peion for review of already reviewed judgement, next Supreme Corrupt Judhe, next money transfer and foreign junkets, next judgement, next review, and repeat any number of times you want.lt;br/gt;lt;br/gt;lt;br/gt;SHUTDOWN THE COUNTRY YOU BSTRDS!
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    1. M
      Maniktripathy
      Aug 16, 2016 at 5:50 pm
      Corrupt body run by corrupt politicians...If SC has any sense left, they should dismiss this plea without any delay....
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        Prasad K
        Aug 16, 2016 at 4:47 pm
        I'm not a great fan of BCCI. BUT what the SC and its appointed panel has been doing is completely illegal. There are lakhs of societies in India, why not SC regulate all of them instead of Registrar of Socialites?! If what they have done in BCCI case is correct then tomorrow, SC can be expected to control and create rules and regulations for a public limited company?! Is the Sc and courts established to work as regulator? It seems to be also creating laws!! Like the age of retirement etc!! This Sc action is a joke! We should not allow such arbitrary action by any agency? Every one has its role and duty! SC can not make law and enforce it too!
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        1. Gangesh Gowri
          Aug 17, 2016 at 12:45 am
          Down with the Bcci for seeking to get rid of the strictures from the apex court. The swindlers at the top of the board must be properly dealt with for this arrogance in seeking a review.
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          1. J
            jayant
            Aug 17, 2016 at 8:53 am
            THE SUPREME COURT SHOULD BE DISMISSED . THERE SHOULD BE NO LAW NO POLICE IN THE COUNTRY, THERE IS NO NEED TO WASTE MONEY ON THESE EXTRAVAGANCE.THE GREAT CORRUPT POLITICIANS AND CONGRESS CAN RUN THE COUNTRY, AND AS FAR AS THE COMMON INDIAN BEGGARS ARE CONCERNED THEY CAN ALWAYS THROW A PIECE OF BONE SO THE COMMON PEOPLE CAN GO ON LICKING IT AND ENJOY LIFE. THIS IS A FREE COUNTRY, ANYBODY CAN DO ANYTHING,
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