Delhi High Court slams PIL to ban Bangladesh from T20 World Cup
The Delhi High Court on Wednesday pulled up a law student for her Public Interest Litigation (PIL) aimed at preventing Bangladesh from participating in the upcoming men’s T20 World Cup due to the atrocities against its minority Hindu population. The petition also requested that the International Cricket Council (ICC) allow Bangladesh to compete in international cricket events only if it is confirmed that the country is not violating any human rights.
During the hearing, a bench consisting of Chief Justice DK Upadhyaya and Justice Tejas Karia questioned the rationale behind the petition. “What kind of petition is this? Whatever captures your imagination becomes the subject matter of a writ petition?” they asked the petitioner’s counsel, Devyani Singh.
The petition called for the ICC to establish an independent commission to “investigate, examine, and document the systemic persecution, targeted violence, mob lynchings, temple desecration, and other human rights violations against the Hindu minority in the country of Bangladesh and to submit a comprehensive report to this Court within a stipulated timeframe”. The bench inquired whether the ICC, which organises international cricket events, could be subjected to the jurisdiction of the High Court and advised the petitioner to exercise caution in pursuing the PIL.
The court told the petitioner to do “constructive work” and “bring some good causes” rather than wasting her own time and the court’s resources.
“You’re a law student. What is this? Think over it. By filing such petitions, you are unnecessarily wasting the judicial time of the court. Do more constructive work instead of wasting your time. In case you insist, we will saddle you with heavy cost,” said the court.
Solicitor General Tushar Mehta, who was appearing for BCCI, said besides the ICC, the petition also had the Sri Lankan Cricket Board, the Bangladesh Cricket Board and the Bangladesh High Commission as parties to the plea. Remarking that no direction, as sought by the petitioner, could be issued to the ICC or other foreign entities, the court said it would not get into policy-making regarding foreign affairs.
“You are asking the court to enter into taking policy decisions in respect of foreign affairs. Let it be left to the Ministry of Foreign Affairs. What kind of petition is this? I am very sorry. You are asking us to conduct some kind of inquiry in Bangladesh. Our writ will go there?” the court remarked.
“No writ can go to the Bangladesh High Commission. No writ can go to the Sri Lankan Cricket Board. No writ can go to the ICC.
No writ can go even to the Government of India to act in a particular manner with respect to dealing with the situation which has arisen in Bangladesh because of certain events. These are the prerogatives of the executive,” said the court.
