Putting a full stop to all attempts by the Board of Control for Cricket in India to send its former president N. Srinivasan to the International Cricket Council ahead of its crucial meeting on financial and constitutional reforms, Supreme Court on Monday categorically said he could not represent the BCCI.
“Mr Srinivasan cannot go. That person is disqualified,” said the top court. When senior counsel representing BCCI, Kapil Sibal asked how Srinivasan was disqualified, an irked bench comprising of Justice Dipak Misra, A.M. Khanwilkar and D.Y. Chandrachud said, “There's not just cloud on his disintegrity. The person is held guilty of conflict of interest and abuse of authority. He surely cannot represent BCCI in ICC.”
The BCCI, egged by the Srinivasan camp, had called a Special General Body Meeting last week, the main agenda for which was to moot his nomination as India's representative in the ICC. The meeting was adjourned after the SC-appointed Committee of Administrators filed a status report in the apex court requesting it to clarify whether those members deemed ineligible as per the criteria prescribed by the Justice Lodha Committee could take part in the SGM and/or represent India in the ICC. There were differences within the BCCI over Srinivasan's presence at the SGM and bid to re-enter cricket via representation at the ICC.
The CoA was represented on Monday by former Union finance minister P. Chidambaram. He sought directions from the court on who could be India's representative in the ICC board meeting. The court decided that acting secretary Amitabh Choudhary and CEO Rahul Johri would represent India in the April 24 ICC board meeting.
The court made it clear that a person removed from his post after an investigation ordered by the apex court itself could not be considered as a nominee to the ICC. The SC even went to the extent of keeping its orders in "abeyance” to send Niranjan Shah, former BCCI secretary, 74, who has over four decades of experience as administrator of Saurashtra Cricket Association. "A man who has conflict of interest cannot go. We don't mind the age of Mr Shah, he has experience but we are not inclined to send Mr Srinivasan,” said Justice Dipak Misra.
BCCI lawyers wanted to know whether they could go ahead with the SGM to nominate another representative, but the court insisted that the lawyers suggest names and it will decide who will go. Lawyers of both Joint Secretary Amitabh Choudhary and Treasurer Anirudh Chowdhary got up to request the court to send them, but in the end SC chose Amitabh as he had also represented BCCI in ICC's previous meeting on orders of the SC.
CoA member Vikram Limaye who had earlier represented India in crucial Board of Directors meeting of ICC and has raised questions on the Manohar formula for distributing ICC revenues will not be going to the meeting. As per one of CoA lawyers, "it is with willingness they opted out.” In any case Johrui will report back to CoA and consult if necessary. As per SC orders, even current BCCI office bearers have to take approval of CoA while taking any decision.
