COA to come knocking at the BCCI door

After nearabout nine decades, the Board of Control for India (BCCI) is all set to be run, for an unspecified period of time, by a Committee of Administrators (COA) with the Supreme Court expected to pass an order on Friday. The Court will nominate the persons to the COA as per the recommendations of senior counsel and Amicus Curiae Gopal Subramaniam and senior counsel Anil B. Divan. By its order of January 2 and 3, the Supreme Court, in response to the third Status Report submitted by the Justice R.M. Lodha Committee that authored radical reforms in cricket, stated that the COA will oversee the BCCI’s administration through its Chief Executive Officer (CEO) and that “it will have the power to issue all appropriate directions to facilitate due supervision and control.” Most importantly the order also stated that the COA will also “ensure that the directions contained in the judgement of this Court dated July 18, 2016 (accepted and with modifications) are fulfilled and to adopt all necessary and consequential steps for that purpose. Queer episode The outcome of Friday’s order by the apex court will be a far cry from a queer episode that took place twelve and half years ago when the Madras High Court appointed interim administrator for the BCCI, Justice S. Mohan, accompanied by concierge staff of the Taj Mahal Hotel, had to stage a hasty retreat. The BCCI declared a one-day holiday for its staff on that Saturday and the gates were locked at the old BCCI office at the North Stand, Cricket Club of India (CCI). “My good wishes are always with the Indian team. I love cricket. But they (BCCI) have prevented me from taking over as the Interim Administrator. The doors are locked and I have been prevented from taking charge. If this is the way a former Supreme Court judge is being treated, you can draw your own conclusions. The High Court has stayed the newly elected office-bearers from functioning. I have come here out of respect for the High Court, to meet all the people concerned with the BCCI, inform them of the scope of the High Court order and to have discussions with the BCCI council,” Justice Mohan said then. From Oct. 8, 2004, when the Madras High Court had stayed the new BCCI committee from carrying out its duties and to Oct. 11 when the BCCI got the Madras High Court order quashed by the Supreme Court, it all appeared a comical show, but the latest confrontation with the apex court has compelled the BCCI to face the music for not implementing the Justice Lodha Committee recommendations. On Jan. 2, 2017, the Supreme Court named senior counsel and Amicus Curiae Gopal Subramaniam and senior counsel Fali S. Nariman to suggest suitable names for the COA, but following the latter’s decision to withdraw because he had appeared for the BCCI as a retainer in 2009, the Court substituted him with Anil B. Divan. Overall policy The Court asked the two to revert within two weeks and said that the matter would be listed for Jan. 19. It has been put off by a day. It also stated that “the role of the Justice R.M. Lodha Committee shall hereafter be confined to overall policy and direction on such matters as may be referred by this Court.” Three days ago, Justice Lodha, who was in this city in connection with the 97th birth anniversary of the late emiment jurist Nani Palkhivala, hinted that there could be layers of administrators and that fresh timelines would be given to the BCCI and its full members to amend their MoA and Rules and Regulations in line with the recommendations made by his committee.

Names in the reckoning

The following persons, associated with the BCCI so far, have been proposed for different positions therein, in connection with the IPL investigation and the Justice Lodha Committee recommendations: Justice (Retd.) Mukul Mudgal: He probed the IPL malpractices and supervised the India-South Africa Test match at the Ferozeshah Kotla, Delhi in 2015. He is the deputy chairman of the FIFA Governance and Review Committee and this puts a question mark over his nomination. L. Nageswara Rao: Part of the IPL Probe committee. Nilay Dutta: Part of the IPL probe Committee. Union Home Secretary G.K. Pillai, former India cricketer Mohinder Amarnath and former CAG chief Vinod Rai for an independent panel of administrators (proposed by Amicus Curiae Gopal Subramaniam).

Anil Kumble, Mohinder Amarnath, Diana Edulji and G.K. Pillai as Convenor (proposed for the Steering Committee to help form a players’ association).

G.K. Pillai (proposed as Observer of the BCCI by the Justice Lodha Committee).