SC leaves it to BCCI to take call on keeping Srinivasan away
6 Oct 2015 1:08 AM GMT
The Supreme Court on Monday declined to interfere with BCCI’s view to bar N <g data-gr-id="20">Srinvasan</g> from taking part in any of its meetings, saying the Board was free to stick to its stand that he suffered from conflict of interest so long as a court of law upsets that opinion.
The apex court, which declined to pass direction on the BCCI’s plea seeking clarification whether Srinivasan was eligible to participate in board 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), said he was also free to question the correctness of Board’s view in a court of law.
“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,” a bench comprising Justices T S Thakur and F M I Kalifulla said, before which Srinivasan also withdrew his application seeking prosecution of BCCI Secretary Anurag Thakur for allegedly making false and misleading statements on affidavit about the adjourned August 28 meeting in Kolkata.
It declined to go into BCCI’s contention that post- judgement 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 <g data-gr-id="27">K K</g> Venugopal had argued that restructuring of shareholdings of India Cement Ltd and transfer of shares of CSK in the newly-formed trust by <g data-gr-id="21">Srinavasan</g> on February <g data-gr-id="28">23,</g> was a “sham transaction.”
His argument was opposed by senior advocate Kapil Sibal, who said 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 judgement.
“Having said that, BCCI is free to take a view about the subsequent development and free to stick to it so long <g data-gr-id="18">as as</g> 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.”
Srini withdraws application for perjury against Thakur
ICC chairman N Srinivasan on Monday withdrew the application for perjury against BCCI Secretary Anurag Thakur after the matter came up for hearing before the Supreme Court.
It was learnt that new BCCI President Shashank Manohar had told Tamil Nadu Cricket Association (TNCA) representative PS Raman to convey his message to Srinivasan about his request to withdraw the perjury case.
After the matter was called out and hearing the parties, and on finding out that the Apex Court wasn’t inclined, Srinivasan’s counsel Kapil Sibal withdrew the application for perjury, informed a BCCI release. As far as the conflict of interest matter was concerned, the SC held, inter alia, that they had dealt with the same in their Order of January 22 and as the subject issue is post the final Order, it is for the BCCI to hold its considered decision based on legal opinions that ‘conflict of interest’ of Srinivasan remains unaltered, until the same is over turned by appropriate Court of law.
Srinivasan’s view of No Conflict may be addressed to by the appropriate <g data-gr-id="68">Court,</g> if aggrieved. <g data-gr-id="67">Thus</g> the Hon’ble Court held no reason to provide any further clarification nor to refer it to the Justice Lodha Committee and accordingly based on the detailed order, the Application of BCCI is <g data-gr-id="66">disposed off</g>.
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