BOARD OF CONTROL FOR CRICKET IN INDIAversusCRICKET ASSOCIATION OF BIHAR & ORS.
- Citation
- 2017 INSC 15
- Decided
- 3 January 2017
- Disposal
- Modified
Holding
The Court discharged Fali S. Nariman, appointed Anil B. Divan to assist, and amended clause 25(i)(f) to read "has been an Office Bearer of the BCCI or a State Association for a cumulative period of 9 years".
Summary
The Supreme Court, in an order dated 2 January 2017, directed the appointment of a new senior counsel to assist the Court in nominating members of the Committee of Administrators for the BCCI, after senior counsel Fali S. Nariman expressed a conflict of interest due to his prior retainer for the BCCI in 2009. The Court discharged Nariman and assigned Anil B. Divan, in consultation with amicus curiae Gopal Subramaniam, to recommend suitable names. The Court also corrected a drafting error in clause 25(i)(f) of its earlier order, changing the wording to require that a person "has been an Office Bearer of the BCCI or a State Association for a cumulative period of 9 years". No substantive merits of the underlying dispute were addressed; the order dealt solely with procedural matters concerning the composition of the administrators' committee and the precise language of the eligibility criterion. The order was issued as a modification of the earlier order dated 2 January 2017.
Issues considered
- The suitability of senior counsel Fali S. Nariman to act as amicus given his prior retainer for the BCCI.
- The appropriate procedure for appointing a new senior counsel to assist the Court in nominating members of the Committee of Administrators.
- The correct wording of clause 25(i)(f) concerning the eligibility of members based on prior office‑bearing tenure.
Subjects
Judgment
[2017] I S.C.R. 544
A BOARD OF CONTROL FOR CRICKET IN INDIA
v.
CRICKET ASSOCIATION OF BIHAR & ORS.
(Civil Appeal No. 4235 of2014)
B Wiih ·
(Civil Appeal No. 4236 of2014)
Wiih
(CivilAppealNo. Il55of2014)
c JANUARY 03, 20 I 7
[T. S. THAKUR, CJI, A.M. KHANWILKAR AND
DR. D. Y. CHANDRACHUD, JJ.]
BCCJ matter:
D Appointment as members of the committee of administrators -
Nomination of names for, in terms of the order dated January 02,
2017 passed by this Court - In place of Mr. Fali S. Nariman, senior
counsel, Mr. Anil B. Divan, senior counsel, Jo assist the Court and
recommend suitable names for appointment as members of the
E committee of administrators in consultation with the amicus, Mr.
Gopal Subramaniam - Further modification/correction of clause
25(i)(f) of the said order - Clause 25(i)(f) to be read as 'has been
an Office Bearer of the BCCI or a State Association for a cumulative
period of 9 years'.
CIVIL APPELLATE JURISDICTION '. Civil Appeai No. 4235
F
of2014.
From the Judgment and Order dated 30.07.2013 of the High Court
of Judicature at Bombay in PIL No, 55 of 2013.
WITH
G Civil Appeal Nos. 4236 of2014 and 1155 of2015
Maninder Singh, ASG, Gopal Subramanium, (AC), Kap ii Sibal,
Arbind Dattar, Pramod Swarup, Sr. Advs., Santosh Krislman, Ankut ·
. Kashyap, Raghav Chadha, Pavan Bhushan, Ms. Radlia Rangaswamy,
Ms. Raajeet.a Rohatgi, Abhilll\v Mukerji, Ameet Singh, Ms. Pareeria
H
544
BOARD OF CONTROL FOR CRICKET IN INDIA v. CRICKET 545
ASSOCIATION OF BIHAR
Swarup, Praveen Swarup, Ms. Sushma Venna, Sahil, V.K. Biju, Ms. Ria A
Sachthey, Amit A. Pai, Senthil Jagadeesan, Nirnimesh Dube, Yikas
Mehta, M. Yogesh Kanna, Ms. Nithya, Ravindra Bana,
R. Balasubramanian, Prabhas Bajaj, Akshay Amritanshu, Ms. Aarti
Shanna, Ananya Mishra, Raj Bahadur, 1\1. K. Maroria, Amal Chitale,
Ms. Pragya Baghel, Ms. Samten Dama, Nirnimesh Dube, Gagan Gupta,
B
Ms. Rashmi Singh, Ms. Manju Sharma, Venkita Subramoniam T. R.,
Gaurav Sharma, AS. Bhasme, Ms. Sonia Mathur, Mrs. Lalita Kaushik,
Shree Pal Singh, E.C. Agrawala, Raghavendra S. Srivastava, Anish
R. Shah, Mukesh Kumar Maroria, Chi rag M. Shroff, Shreekant N. Terdal,
Praveen Swarup, Ms. Liz Mathew, Anshuman Ashok, Ms. Kamakshi S.
Mehlwal, Advs. for the appearing parties. c
The following Order of the Court was delivered
ORDER
By our order pronounced on 2"' January, 20.17 we had requested
learned amicus curiae, Mr. Gopal Subramaniam, and Mr. Fali S. Nariman, D
learned senior counsel to assist us in nominating the members of the
committee of administrators to be appointed in terms of the said order.
Although Mr. Nariman had tentatively agreed to do the needful, he today.
submits that he may have an embarrassment in accepting the assignment
on account of the fact that he had been in the year 2009 retained on
behalf of th.e BCCI. We quite appreciate the difficulty expressed by E
Mr. Nariman and accordingly discharge him of the role assigned to him.
In 11is place, we request Mr. Anil B. Divan, learned senior counsel, to
assist the Court and to recommend suitable names for appointment as
members of the committee of administrators in consultation with the
amicus, Mr.'Gopal Subramaniam. F
Mr. Gopal Subramaniarn also draws our attention to an inadvertent
error in our Order, clause 25(i)(f) whereof shall now stand modified/
corrected to read as under:
"25(i)(f) Has been an Office Bearer of the BCCI or a State
G
Association for a cumulative period of9 years"
Nidhi Jain ~1odification in earlier order.
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