The Supreme Court on Friday told the Board for Control of Cricket in India (BCCI) that it has to reform in the larger interest of the game and will not be allowed to hide its wrongdoings by taking cover under the autonomy available to a registered private society.
The BCCI, represented by senior advocate KK Venugopal said that under the law prevailing in the country, the Board enjoyed the protection of the Constitution to form a private association under Article 19(1)(c). Being a private registered society under the Tamil Nadu Societies Registration Act, 1975, Venugopal submitted that the composition and membership of the Board, right to vote and criteria of selection and disqualification of members was in the realm of internal autonomy and decision-making of the Board which cannot be interfered with by any Court.
According to him, decisions in the past allow the Court to intervene in BCCI only when its functions violate any statutory or constitutional rights of its members. To this extent, he added no member of BCCI had ever complained of any wrongdoing or violation.
The bench of Chief Justice TS Thakur and FM Ibrahim Kalifulla pointed out that had it not been for the allegations of match fixing that later proved to be true, the bench would not have stepped in to suggest reforms. "We have seen you (BCCI) have no control of funds given to member cricket bodies. The lodha Committee was appointed to see how best you can be reformed without taking away your right to administer the game."
Veugopal said that serving the interest of the game cannot be a handle to interfere with affairs of a private society. "All such associations are subject to regulatory laws, in the present instance Societies Registration Act. Any malfeasance, we are subject to Societies Registration Act and TN Societies Registration Act."
The bench asked, "Do you mean to say that when you collect fabulous amounts, running into thousands of crores from public, you cant be questioned over how you spend the money. You maintain no control and money goes into wrong hands.’’