Supreme Court doesn’t want to be dragged into BCCI vs N Srinivasan

N Srinivasan’s counsel Kapil Sibal opposed BCCI’s contention that there is still conflict of interest. (Source: PTI)

Underlining that it will not get dragged in a ‘vicious circle’, the Supreme Court on Monday refused to play the arbiter between the BCCI and its former chief N Srinivasan on whether the latter still had conflict of interest in cricket administration.

While the BCCI termed as “sham” Srinivasan’s attempt to divest his shares from the Chennai Super Kings and India Cements Ltd to end his conflict of interest, Srinivasan suggested that the BCCI “should not wash its dirty linen in public” and that all issues should be resolved amicably.

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For its part, a bench of Justices T S Thakur and FMI Kalifulla asked the Board of Control for Cricket in India (BCCI) to handle on its own the matters related to Srinivasan’s conflict of interest.

“We are not going to monitor all such situations. Both of you are free to fight but where is the ambiguity in our order that we need to clarify? Our judgment is self-explanatory and we don’t need to clarify anything now. Will you (BCCI) keep coming to us every time he (Srinivasan) does something? We are not monitoring this case,” the bench told the BCCI’s counsel.

The court was adjudicating an application filed by the BCCI, seeking a clarification whether Srinivasan can attend its meetings. An important working committee meeting in Kolkata was adjourned on August 28 because Srinivasan was present there as representative of the Tamil Nadu Cricket Association.

Taking note of the categorical stand by the BCCI, the bench said: “If you are of the view that his disqualification continues and he cannot attend your meetings, stick to it. If he has a problem, he will challenge it before a court of competent jurisdiction. But why have you come to us? Is it like an advanced ruling that we will pass such orders?”

It added: “Tomorrow, he (Srinivasan) may alter his arrangements and divest his shares in a different manner. So will you come to us again? We don’t want to get into this vicious circle. We are not saying you are incorrect nor are we saying your are correct in having a view on his conflict of interest.”

In its order, the court held that it would not entertain pleas pertaining to developments that have taken place after its main judgment on January 22, and hence the BCCI’s plea to consider the manner in which Srinivasan divested his shares was “misplaced”.

“The BCCI is free to stick to its view so long as a court of competent jurisdiction does not go into this issue and upsets it. We don’t consider it necessary to entertain any plea for or against the BCCI’s view. We also don’t consider it necessary to refer this matter to the Justice Lodha committee. Parties can vindicate their rights in appropriate proceedings,” stated the court order.

The bench added the only thing pending before it is the final report, which is to be submitted by Justice RM Lodha committee on reforms in the BCCI so that it can issue further orders.

Meanwhile, Srinivasan’s counsel Kapil Sibal opposed BCCI’s contention that there is still conflict of interest. Sibal, however, also said: “BCCI is a very significant institution. BCCI should not wash its dirty linen in public. They should resolve the issue amicably instead of filing application after application.”

Srinivasan also withdrew his application, seeking criminal prosecution of BCCI secretary Anurag Thakur under perjury charge over his “false affidavit” and “plethora of misleading” statements in the court to establish that the former BCCI chief had forcefully attended the August 28 meeting.

On Sunday, the newly elected BCCI president Shashank Manohar had requested Srinivasan to withdraw the perjury case against Thakur.

Manohar, who said the BCCI will not be vindictive in its approach, wanted board matters to be solved internally and not in courtrooms.