The J&K High Court on Tuesday asked the Board of Cricket for Control in India (BCCI) to take control of the cricketing activities in Jammu and Kashmir and Ladakh until elections in the Jammu and Kashmir Cricket Association (JKCA) are completed.
In a length judgment, a Division Bench comprising Justices Ali Muhammad Magrey and Puneet Gupta directed the BCCI to ensure that the newly drafted Memorandum of Association and Rules and Regulations by by Court Appointed Administrators (CAA) are in line with the Lodha Committee recommendations.
The Court had in 2017 appointed appointed Justice C. K. Prasad, former judge of the Supreme Court, and Justice Syed Rafat Alam, former Chief Justice of Madhya Pradesh and Allahabad High Courts, as Administrators of the JKCA. The CAA was asked to ensure free and fair election in JKCA and amend rules in JKCA in line with the Lodha Committee recommendations.
On December 6, the Court upheld the judgment of a Single Judge and ordered the disputes between different clubs of JKCA to be resolved by an Ombudsman, appointed by the Court.
Later the Court appointed Justice Syed Bashir-du-din (retired) as the Ombudsman.
The Division Bench also appointed Ashiq Hussain Bukhari, former DIG of J&K Police as Chief Executive Officer(CEO) to assist the CAA in managing the affairs of the JKCA.
The Division Bench said after having gone through stands adopted by the rival parties and keeping in view the directions passed by the Supreme Court from time to time it was of the view that it shall not be appropriate for the Court to go into the question of ascertaining whether the Memorandum of Association and Rules of Regulations so framed by the CAA of the JKCA are in tune with the recommendations of the Lodha Committee.
“Instead, in our opinion, now that the BCCI, which is tasked with the overall governing/ controlling of the activities of the game of cricket in India and of which the JKCA is an affiliate member, is in position with its newly approved Constitution, it is the said body which shall be the appropriate authority to answer the above-formulated question in the light of its newly approved Constitution,” it said.
It said that it expects the BCCI to have all expertise required for answering the question as the apex body for managing and controlling the activities of the game of cricket in India, including Jammu and Kashmir.
“Besides, the BCCI has also filed an application for handing over the affairs of the JKCA to it till such time the elections of the office bearers of the JKCA are conducted under its supervision,” it said.
It said it felt there was no further need for the continuation of the CAA and the CEO of the JKCA.
It said the BCCI shall, as an interim measure and till a new body of the JKCA is elected under its supervision, run the management, control and administration of the JKCA after being handed over the same by the CAA.
