The BCCI bigwigs insist that the appointment of Justice (Retd) Markandey Katju as the head of the four-member panel to interact with the Lodha Committee is nothing confrontational. “Even the Supreme Court spoke about the complexities of the whole affair in its order regarding the implementation of the Lodha Committee recommendations. To understand the legal jargons correctly and to ensure smoothness in following the court order, we have decided to involve some finest legal minds,” BCCI secretary Ajay Shirke told The Indian Express after the cricket board’s working committee meeting in Mumbai on Tuesday. BCCI vice-president TC Mathew concurred, stressing on the importance of forming a panel of legal experts to liaise with the Lodha panel. But there’s certainly an intrigue, if you can read between the lines.
Justice Markandey Katju is known for his forthright comments on a lot of affairs. In fact, he had been critical of the apex court for ‘outsourcing judicial powers’. “In para 110 of its judgment in BCCI vs. Cricket Association of Bihar, C.A. 4235/2014 decided on 22.1.2015, the Supreme Court gave power to a 3 member commission appointed by it consisting of retired judges headed by Justice Lodha, former CJI, to impose punishments on IPL cricket teams and persons associated with IPL. Accordingly, the Commission, after an enquiry, imposed punishments,” he had written in his blog posted on July 15 last year. “The power to impose punishment is with the court. Can the court outsource this judicial power to another body, e.g. a commission appointed by it? If this is legally permissible, then why cannot every judicial function be outsourced? I have grave doubts whether such outsourcing is valid. This is a crucial jurisprudential question which needs to be considered,” he added.
So it’s interesting that the BCCI has decided to make Justice Katju the head of a new panel despite the fact that it has an active legal cell chaired by PS Raman. The legal cell has its meeting scheduled on Thursday, a day before the board’s Special General Meeting (SGM). “The members were in one voice of the view that the recommendations were complex and would involve large-scale changes to be implemented across the board. Many technical and legal aspects were likely to come up in the future. Considering the complexities of the issue, it was unanimously decided that a panel headed by a Rtd. Judge of the Hon’ble Supreme Court assisted by three eminent counsels including Mr. Abhinav Mukerjee, the counsel of BCCI be formed. This panel will be a single point interface for the BCCI to interact with the Justice Lodha Committee as well advise and guide the BCCI.
“Accordingly, it was unanimously decided that Hon’ble Retd. Justice Markandey Katju will head the said panel,” the BCCI release said. A cricket board office-bearer informed that other two members of the panel would be picked post discussion at the SGM.
Although the BCCI release says, forming a new panel was a unanimous decision, it is learnt that not every member was warm to the idea initially. Eventually it was agreed that the new panel would be better equipped to discuss all issues with the Lodha Committee.
In its July 18 order the Supreme Court accepted the majority of the Lodha panel recommendations regarding the changes in the BCCI functioning and governance. But most of the state units are finding difficult to usher in the changes within the six-month deadline. “State associations have different concerns and the formation of the panel will help them,” said a board official.
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