SC appoints former apex court judge D.K. Jain BCCI ombudsman

The Supreme Court on Thursday appointed former apex court judge Justice D.K. Jain as the first court-appointed ombudsman for the BCCI under the terms of newly approved constitution of the cricket board.

The apex court, while dealing with the issue related to "importance and urgency" in appointing an ombudsman, expressed its happiness that all the parties before it have agreed on the name of Justice (retd) Jain.

"We are happy to note that by consent, the parties have suggested and have agreed on the name of Justice D.K. Jain, a former judge of this court, as an ombudsman," a bench of Justices S.A. Bobde and A.M. Sapre said.

"We, accordingly, appoint Justice (retd) D.K. Jain as the first ombudsman under article 40, chapter nine of the constitution of BCCI framed by this court under order dated August 9, 2018," the bench said.

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It said senior advocate P.S. Narasimha, assisting the court as an amicus curiae in BCCI matter, would speak to Justice Jain about his appointment as an ombudsman and inform the apex court as to when he will assume the charge.

The ombudsman will have to hold hearings at the BCCI headquarters in Mumbai.

The apex court-appointed Committee of Administrators (CoA), in its 10th status report to the Supreme Court, which has been monitoring the administrative issues of the cricket body, had said that there was a need for appointment of an ombudsman and an ethics officer at the earliest in the BCCI.

In the report, the CoA explained why the two appointments need to be made before fresh elections are held.

"The newly registered constitution of BCCI requires the appointment of an Ombudsman at the Annual General Meeting for the purpose of providing an independent dispute resolution mechanism...," the COA report had said.

The bench was told that the ombudsman must be a retired apex court judge or a chief justice of a high court and must be given a one-year tenure, subject to a maximum of three terms.

Before the new constitution came into effect, former chief justice of Delhi High Court, Justice A.P. Shah, was appointed the BCCI ombudsman in November 2015 but he could not complete his tenure.

When the issue of ombudsman came up on Thursday, Justice Jain emerged as the first choice among the six former apex court judges whose names were placed before a bench in an envelope.

When the bench said that "Justice Jain is a good name" in the list, all the advocates appearing for various parties accepted the suggestion.

The names of probable ombudsmen were provided to the bench by Narasimha.

The bench was told the role of the ombudsman would be to resolve the disputes relating to the players within the state cricket associations as also financial issues.

During the hearing, Narasimha told the bench that had there been an ombudsman, the recent controversy involving cricketers Hardik Pandya and K.L. Rahul would have been resolved on urgent and priority basis.

The types of disputes that come under the ambit of ombudsman pertain to members, associations and IPL franchises.

Narasimha, who is also an Additional Solicitor General, said the "Supreme Court should appoint an ombudsman".

The bench then asked all the parties, "Does anybody have objection if the court appoints ombudsman?" It further sought to know whether it will have any administrative or financial ramification.

Narasimha said, "Except for payment to the ombudsman, there will no ramification."

Senior advocate Parag Tripathi, appearing for the CoA, told the court that the issue of ombudsman, enshrined in the new constitution, have already been approved by the apex court last year.