Apex Court judgment is the final word: Lodha

Reacting to former Supreme Court judge Markandey Katju’s report to the BCCI that the Supreme Court judgment upholding Justice RM Lodha Committee reforms on the cricketing body is “unconstitutional”, the former Chief Justice of India said the Supreme Court’s verdict is the “final word” in the dispute.

“What is the legal validity (of Justice Katju’s report)? Nobody else can do anything. The only way is for BCCI to approach the Supreme Court. I have told Mr. Shirke that we are doing what is mandated in the Supreme Court judgment of July 18,” Justice Lodha said in a telephonic interview to this correspondent on Tuesday.

Justice Lodha’s reactions came after hearing BCCI secretary Ajay Shirke on Tuesday. Justice Katju, appointed by the BCCI to advice on the Lodha panel reforms and the apex court judgment, had on Sunday lashed out at the Bench led by Chief Justice of India TS Thakur, saying the verdict “threw law to the winds”. He had accused the apex court of judicial activism for interfering in the functioning of a private registered society. He had declared the Lodha Committee “illegal”.

This was despite the fact that the July 18 judgment had addressed the very same argument earlier submitted in court by the BCCI – that it is a private body protected under Article 19 (1) (c) of the Constitution (the fundamental right to form unions or associations or co-operative societies).

Chief Justice Thakur in his judgment had dismissed the contention while holding that the freedom under Article 19 (1) (c) was guaranteed only to “citizens and citizens alone” – and the court was only ushering in reform to inspire public confidence in the Board and the game.

When asked whether he thought the BCCI was facing genuine difficulties or was it stalling the implementation of the panel’s reforms, Justice Lodha said Shirke “broached” to the panel certain difficulties during the meeting.

“The Supreme Court pronounced the judgment after affording them (BCCI and its members) full opportunity to voice their difficulties and their reactions to the Committee’s recommendations. Shirke said the BCCI is filing a review petition. I said they are entitled to do so. It is their legal right,” Justice Lodha said about the interaction.

A review petition, if filed, would come up before a Bench led by Chief Justice Thakur. The petition may be heard in the judges’ chambers unless the BCCI lawyers shows compelling reasons for an open-court hearing.

Justice Lodha said the panel gave BCCI specific timelines to complete the transition in six months as directed by the Supreme Court.

“This is the first phase of timelines. We have given them a schedule of 11 to 12 items to be completed by September 30. These include amendments to the Memorandum of Association, rules and regulations of the BCCI; amendments to the constitution and by-laws of the States associations; amendments to the Indian Premier League rules; most subjects of notification like players’ steering panel, players’ association, etc. A few other tasks have been scheduled to be done before October 15,” Justice Lodha said. Justice Lodha said Shirke offered to file an Action Taken Report on August 25. “Some of these actions require multiple changes,” he said.

When asked about the apex court’s directive to the Lodha Committee to consider the BCCI’s objections to including representatives of IPL franchisees in the IPL Governing Council, Justice Lodha said Shirke has offered to give his comments on the issue in the next two to three days.

The Board had objected to the recommendation on the ground that it would lead to conflict of interest as the Council decides on players’ retention policy and umpire selection.

The apex court had referred the recommendation back to the Lodha Committee for a re-look while observing that the reform would deemed to be approved by the court if the Committee chose to reiterate it.

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