In a relief to former BCCI president Anurag Thakur, the Supreme Court on Thursday cleared decks for his association with the board by modifying its January 2017 order that had barred him from the affairs of the cricket body.
The apex court said Thakur, a former Union minister, is free to participate in the affairs of the BCCI according to rules and regulations.
On January 2, 2017, the apex court had directed Thakur, the then president of the Board of Control for Cricket in India (BCCI), to forthwith “cease and desist” from being associated with the working of the board.
While dealing with an application filed by Thakur seeking modification of the 2017 order, a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi on Thursday applied the doctrine of proportionality and modified the direction.
“We find it a fit case to apply the doctrine of proportionality, so as to hold that neither this court intended to impose a lifelong ban nor, in the facts and circumstances of this case, such a severe embargo is otherwise warranted,” the bench said.
It noted that Thakur has remained disassociated from the working of the BCCI for a period of over nine years.
The bench also observed that Thakur had earlier tendered an unqualified apology which was accepted by the apex court.
Senior advocate P S Patwalia, appearing for Thakur, said the order asking Thakur to cease and desist from being associated with the working of BCCI cannot be for life.
“Everything fell on me (Thakur) because I was the president (of BCCI). I am only saying this can’t continue now forever,” he said.
Patwalia said the order has continued for over nine years and if not lifted, it would cause hardship and prejudice to Thakur.
The apex court had initiated contempt and perjury proceedings against Thakur on January 2, 2017 for filing a false affidavit regarding writing to the then International Cricket Council (ICC) chairperson Shashank Manohar on the issue of the BCCI’s autonomy.
“The conduct of the President of BCCI in seeking a letter from the President of ICC in August 2016 after the final judgement and order of this Court is nothing but an attempt on the part of the head of BCCI to evade complying with the order of this Court,” the apex court had said while issuing a show cause notice to Thakur.
On July 14, 2017, the top court granted relief to Thakur and dropped the contempt and perjury proceedings against him after he tendered an unconditional and unequivocal apology to it in person.
The top court had earlier constituted a committee headed by former CJI Justice R M Lodha to suggest reform measures including framing of a constitution for the cash-rich cricket body.
The apex court had accepted the recommendations made by the committee providing for reforms in the structure, organisation and working of the BCCI.
