BCCI’s call to keep Srinivasan away, says Supreme Court
Acting on the BCCI's plea bargain, India’s apex court today declined to interfere with the Indian cricket board’s (BCCI) stand to bar N Srinvasan from participating in any of its meetings, on grounds of conflict of interest. The bench further asked the BCCI to stick to its stand, so long as a court of law upsets that opinion.
The BCCI had earlier entered a plea seeking clarification on whether Srinivasan was eligible to participate in BCCI meetings in view of the January 22 order declaring him to be suffering from conflict of interest for owning IPL team Chennai Super Kings (CSK).
“We do not see any need for any clarification in our judgement of January 22, which is self-expedient and also does not suffer from any ambiguity,” the bench comprising Justices TS Thakur and FMI Kalifulla said. The Supreme Court further said Srinivasan was free to question the correctness of BCCI’s view in a court of law.
Earlier, Srinivasan also withdrew his application seeking prosecution of BCCI Secretary Anurag Thakur for allegedly making false and misleading statements in an affidavit about the adjourned August 28 meeting, in Kolkata.
The bench declined to go into the BCCI's contention that post- judgment restructuring of shareholdings of India Cement Ltd and CSK does not free Srinivasan of charge of conflict of interest.
BCCI's counsel and senior advocate, KK Venugopal had argued that the restructuring of shareholdings of India Cement Ltd and transfer of shares of CSK in the newly-formed trust by Srinavasan on February 23 was a “sham transaction.”
His argument was opposed by senior advocate Kapil Sibal, who said the BCCI's view to disqualify Srinivasan from participating in the board meeting was not passed through any resolution and was open to challenge.
However, taking note of the submissions of both sides, the bench said it was not going to deliberate on the development subsequent to its January 22 judgment.
“Having said that, BCCI is free to take a view about the subsequent development and free to stick to it so long as a competent court of jurisdiction arrives at a decision to upset its view,” the bench said, adding that "Srinivasan shall also be free to question the correctness of the view in court.”
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