Jammu & Kashmir High Court appoints two retired judges as administrators of JKCA

“The office bearers who had incurred disqualification had participated in the meeting in which ombudsman was appointed… Therefore no sanctity can be attached to the appointment of ombudsman,” said Justice Alok Aradhe in the case decided on October 13 while appointing Justice C K Prasad, the retired Judge of the Supreme Court and Justice Syed Rafat Alam, the retired Chief Justice of M.P. and Allahabad High Courts “as administrators to ensure free and fair elections” in the J&K Cricket Association

The Lodha Committee recommendations, accepted by the Supreme Court on July, 18, 2017, includes rules on disqualification of office bearers of the cricket associations who are ministers, persons charged for any criminal offence, are aged above 70 years and other grounds.

Ansari is a minister in the J&K government and a senior leader of the ruling Peoples Democratic Party, which is in alliance with the Bharatiya Janta Party in the state. Iqbal Ahmad Shah was convicted in a criminal case under the Gambling Act in 2013 and Rauf is above 70 years of age.

However, in violation of the Lodha Committee Recommendations, seven members including the ones who faced disqualification in view of the fresh rules were elected unopposed on July 19 – a day after the apex court accepted the report of former Chief Justice of India Justice R M Lodha on cricket reforms in the country. The working committee further in a meeting on September 18, 2016 decided to appoint Justice Iqbal Ahmad Ansari retired Chief Justice of Patna High Court as Ombudsman of the Association and this year in May issued notification for the appointment.

The counsel representing Ansari even submitted before the High Court that “in any case that tenure of the elected office bearers of the Association is alive till 31.12.2017.”

“The submission that respondents 3 (Ansari) and 4 have authority to continue till 31.12.2017 is sans substance,” said the High Court in the judgment. “The contention that since Justice Ansari has decided the disputes therefore challenge to his appointment as ombudsman does not survive does not deserve acceptance…”

Senior Advocate Bashir Ahmad Bashir told The Indian Express the working committee members’ “own submission in the High Court implies they continued to hold the office in violation of the recommendations and apex court order dated 02.01.2017, in which it was held the persons shall be disqualified”. Bashir represented Gurmeet Singh in the case and had challenged May notification of the Committee.

High Court said it has become imperative to appoint administrators for the association since it has no duly elected committee. “The administrators shall have t the ensure that the rules of J&K Cricket Association are amended inconformity with recommendations made by the Lodha Committee which has already been accepted by the Supreme Court and thereafter to hold the elections as per the norms fixed by Lodha Committee,” it said. The court has also highlighted the fact that out of Rs 120 crore allocated by the BCCI, the office bearers of the JKCA have made embezzlement of Rs 80 crores.

The High Court also asked police to release the seized money to the association and administrators have been also asked to appoint financial advisors for maintenance of proper records.