When Attorney Genral of India Mukul Rohtagi entered court number 2 of the Supreme Court for a hearing on the Lodha Reforms for cricket, it surprised many regulars in the crowded court room including the litigant Cricket Association of Bihar's legal team. Ever since the legal fight to clean up cricket started way back in 2014, the Board of Control for Cricket in India (BCCI) has brought forth a bevy of lawyers to fight its case. On Friday afternoon, it brought out its biggest ally—the Union government.
Rohtagi, representing the three government institutions—Railways, Services and Association of Universities, protested their full member status being taken away as well as their voting right in the powerful BCCI by the Lodha Committee. The Supreme Court had accepted almost all reforms suggested by Justice R.M. Lodha-led committee to reform Indian cricket board's structure and functioning.
While it opposes reforms in cricket, the Union Ministry for Youth Affairs and Sports has been proactive in not only ensuring good governance and transparency are followed in other sports but has recently announced setting up of a committee to “study recent developments related to sports governance, including court judgments and international best practices and make recommendations on bringing out a comprehensive National Sports Development Code across sports disciplines.” This committee was set up on January 5 and includes, apart from Union Sports Secretary Injeti Srinivas, sports legends Abhinav Bindra, Prakash Padukone and Anju Bobby George. This raises the question as to why the Union government is setting different standards for cricket and other sports?
Rohtagi made a strong appeal to the court to recall its full order of July 18, 2016—the parent judgment. When asked whether the Centre was opposed to reforms in cricket, Rohtagi said, “I am just objecting to two points in the order—one, related to relegating Railways, Services and Universities to associate membership, and the second, barring politicians and government servants from holding posts in cricket.” However, not only did he demand a recall of the complete order but even stood up to speak on behalf of the BCCI when the matter of the court having dismissed its curative petition came up. The BCCI was technically not represented on Friday; its lawyer Kapil Sibal appeared in the matter on behalf of Himachal Pradesh, Maharashtra and Baroda Cricket Association. After the apex court order on January 2 and 3, the cricket board was left without any office bearers.
A.G. Rohtagi, appearing for the first time in the case, said, “Why can't the Railway minister become an office bearer?” He then argued hard to wind back the clock to pre-July 16 order. Though he had not appeared in person, the government institutions had not gone unrepresented. Additional Solicitor General of India Maninder Singh had represented Railways during the course of arguments before the then Chief Justice T.S. Thakur-led bench passed its judgment.
Terming the move to bring in A.G. Rohtagi into the case as “proxy litigation by the BCCI”, Rahul Mehra, sports activist and lawyer said, “There was no reason for Attorney General of India to go and say 'recall this entire judgment'. Where were they (government) when ex-CJI Justice T.S. Thakur was there listening to the matter? Government played cat and mouse game, waiting for the former CJI to retire, and thought it would put objections with the new bench,” said Mehra.
Different yardsticks for cricket and other sports reek of inherent bias. National Sports Federations, recognised by the government have to go through stringent procedures to retain their annual recognition. “Every other sport is regulated but not cricket. They have given all required permission to the BCCI. Why go after boxing, volleyball etc? Just because they did not fill up the required forms?” asked Mehra.
The Union sports ministry has moved swiftly in action to derecognise Indian Olympic Association recently when it decided to have as its life presidents tainted sports administrators. However, when it came to the sport fixing scandal, it remained a mute spectator.
“The larger issue out here is people voted Prime Minister Modi hoping for a change and fight against corruption. Sports is a very big part of a common man's daily life. You should not protect dishonest people in sports. Here in cricket, by supporting the BCCI, they are supporting not only fellow politicians but also crony capitalists,” said Mehra.
