How can Maharashtra govt compare security expenses for cricket matches in Mumbai with Lucknow: Bombay HC on protection fee waiver

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar was hearing a PIL by RTI activist Anil Galgali, which claimed that a June 26, 2023, government resolution (GR) that reduced police protection fees benefited the Mumbai Cricket Association (MCA) and other organisations, resulting in losses to the public exchequer.

“Had you provided security without cost, we would not have any difficulty. It is you who (initially) prescribed charges and they (cricket associations) agreed to it. They knew at the time of hosting that they were liable to pay those charges. It is only a prima facie observation. You could have provided security without charges, but you issued GR, made them known that you will be charging them (for providing security). Knowing this well, they hosted matches and after 10 years you are revising rates by reducing it substantially?” CJ Upadhyaya questioned.

After senior advocate Milind Sathe representing the government submitted that the decision was taken to “rationalise” charges based on an association’s representation, CJ Upadhyaya went on to orally remark, “Can you compare expenditure incurred on security in Mumbai with that of Lucknow or Kanpur? Therefore, this ground that rates charged by other states are lower, hence you reduced them… there is something amiss. It can be equated with expenditure incurred by you (and not other states).”

As per an earlier GR of 2017, fees chargeable in Mumbai was Rs 66 lakh per match for T20 and ODI cricket and Rs 55 lakh for Test cricket. For T20 and ODI matches held in Nagpur, Pune and Navi Mumbai, Rs 44 lakh was the fee and for Test matches it was Rs 38.5 lakh.

The 2018 GR stipulated Rs 70 lakh for T20, Rs 75 lakh for ODI and Rs 60 lakh for Test matches held in Mumbai. For T20 and ODI matches held in Nagpur, Pune and Navi Mumbai, the fee was Rs 50 lakh, while for Test matches, it was Rs 40 lakh.

However, as per a 2023 circular, Galgali claimed the fees were drastically reduced to Rs 10 lakh for T20 matches and Rs 25 lakh for ODI and Test matches retrospectively.

Earlier, on August 29, noting that the BCCI was the richest cricket organisation, the HC had questioned the rationale behind the state’s decision to reduce police protection fees while on the other hand the government kept increasing water charges on slums.

Sandeep Jadhav, Deputy Commissioner of Police (DCP), Mumbai, in his affidavit in reply to a plea, claimed that so far, it has recovered Rs. 14.87 crore from BCCI and MCA for various matches held across stadiums in the city.

Meanwhile, the state police through Kalpana Lokhande, Deputy Assistant to Director General of Police (Account), submitted that it recovered Rs. 20.63 crore from BCCI and amount outstanding and recoverable as on date was Rs. 4.31 crore. It added that Rs. 13.40 crore was due from Maharashtra Cricket Association for matches across various stadiums in the state except Mumbai.

The Court granted time to MCA and BCCI to file affidavits by December 10 and asked the petitioner to file a rejoinder before next hearing on December 17.