Ending the seven-month reign of Anurag Thakur as Board of Control for Cricket in India (BCCI) president, the Supreme Court on Monday directed his removal and initiated contempt and perjury proceedings against him for obstructing the implementation of court-ordered reforms in the cricket body.
Along with Thakur, the Court also removed the Board Secretary Ajay Shirke and placed the Board’s administration into the hands of senior-most vice president and joint secretary till the appointment of a Committee of Administrators.
The names of persons who will constitute this Committee will be announced by the court on January 19, 2017. The apex court has sought assistance of noted jurist Fali S Nariman and amicus curiae Gopal Subramanium to suggest names of independent administrators for appointment to the Committee.
In addition, the Bench held that all office-bearers of the BCCI and State Cricket Association who stood disqualified by its July 18, 2016 decision will cease to hold office.
This will include those who are aged 70 plus, hold any post in any sport or athletic association, and were office-bearers of the BCCI for a period of nine years. Ministers, Government servants as well those who are charged by a court of law in a criminal offence, will also be disqualified.
In taking this unprecedented decision, the Court went by the recommendations of a panel of three retired Supreme Court judges led by former CJI RM lodha. The panel proposed sweeping structural reforms in the BCCI and later monitored them after the apex court adopted their recommendations by its July 18 judgment. In its later reports, the lodha panel informed the apex court of the obstructionist attitude of the BCCI and open defiance shown by its office-bearers to comply with the Court orders passed from time to time.
The Bench of Chief Justice TS Thakur, AM Khanwilkar and DY Chandrachud, which gave an opportunity to both the BCCI and its President Anurag Thakur to respond to these charges, concluded, “The President and Secretary and office-bearers of BCCI have obstructed the implementation of the final directions of this Court on the basis of a specious plea that its State Associations are not willing to abide by the directions.”
In his affidavit, Thakur stated he was “incapable” and “without authority” to compel State associations to adopt the Court-ordered reforms. To this, the Bench replied, “This is indicative of his (Thakur) having washed his hands off a duty and obligation to ensure compliance.”
The Court was also upset with Thakur for requesting International Cricket Council (ICC) Chairman Shashank Manohar to write a letter saying the BCCI will run the risk of losing ICC membership if it followed the court directive to appoint a CAG nominee to the Board. Thakur had explained that he had only sought a clarification from Manohar on this issue. Interestingly, the BCCI Secretary Ajay Shirke had filed a totally contradictory affidavit denying Thakur ever made such request. After Manohar addressed a letter to the SC explaining that Thakur had indeed approached him for such a letter, the Court decided to start perjury proceedings against Thakur.
“Such a solicitation was but an effort to thwart implementation of orders of the Court,” said the Bench as it issued notice of contempt to Thakur. His explanation on the letter to the ICC chief was prima facie held to be “false to his knowledge”. The Court sought his response for initiating perjury proceedings under Section 195 and Section 340 of Code of Criminal Procedure.
For the above reasons, the Bench directed both Thakur and Shirke to “cease and desist” from being associated with working of BCCI as by their “conduct and actions” they rendered themselves unfit to be associated with the BCCI.