Reading
it is refreshingly engaging.
By
the nature of the issue in question, some Supreme Court judgements become
landmark, redefining the way the matter concerning the issue would be seen in
future.
That
is going to be the case with Cricket after the yesterday’s verdict by the
Supreme Court of India. Board of Control for Cricket in India (BCCI), an outfit
draped in secrecy so far, manages affairs of cricket in India and is largely
responsible for bringing bad name to the game, a game that has been a mass
phenomenon in India, making Indian cricketers and the Indian Board richest
among their peers in the world fraternity.
The
IPL Spot Fixing Verdict by the Supreme Court Bench of Justice T. S. Thakur and
Justice Fakkir Mohamed Ibrahim Kalifulla has the potential to change the way
BCCI has managed the affairs of the game so far, and is for good, aiming to
bring and strengthen the elements of transparency and answerability in
cricket's administration in India.
The
some 130 pages verdict focuses heavily on cleaning the game with observations
like:
“Such is the
passion for this game in this country that cricketers are seen as icons by
youngsters, middle aged and the old alike. Any organization or entity that has
such pervasive control over the game and its affairs and such powers as can
make dreams end up in smoke or come true cannot be said to be undertaking any
private activity.”
“The BCCI has
in no uncertain terms
declared its resolve to protect
the fundamental imperatives constituting the essence of the game of cricket and
its determination to take every step in its power to prevent corrupt betting
practices undermining the integrity of the sport including any effort to
influence the outcome of any match. Unfortunately, however, the amendment to
Rule 6.2.4 (allowing BCCI administrators to have commercial interests in BCCI
products like IPL) clearly negates the declarations and resolves of the BCCI by
permitting situations in which conflict of interest would grossly erode the
confidence of the people in the authenticity, purity and integrity of the game.”
“An amendment
which strikes at the very essence of the game as stated in the Anti Corruption
Code cannot obviously co-exist with the fundamental imperatives.”
“Conflict of
interest situation is a complete anti-thesis to everything recognized by BCCI
as constituting fundamental imperatives of the game hence unsustainable and
impermissible in law.”
“The question
is whether the BCCI can afford to see the game lose its credibility in the eyes
of those who watch it, by allowing an impression to gather ground that what
goes on in the name of the game is no more than a farce because of sporting frauds
like betting, match fixing and the like.”
“Can the BCCI
live with the idea of the game being seen only as a means to cheat the
unsuspecting and gullible spectators watching the proceedings whether in the
stadium or on the television with the passion one rarely sees in any other
sporting enterprise.”
“BCCI's
commercial plans for its own benefit and the benefit of the players are bound
to blow up in smoke, if the people who watch and support the game were to lose
interest or be indifferent because, they get to know that some business
interests have hijacked the game for their own ends or that the game is no
longer the game they know or love because of frauds on and off the field.”
“There is no
manner of doubt whatsoever that the game enjoys its popularity and raises
passions only because of what it stands for and because the people who watch
the sport believe that it is being played in the true spirit of the game
without letting any corrupting influence come anywhere near the principles and
fundamental imperatives considered sacrosanct and inviolable.”
“All told
whatever be the format of the game and whatever be the commercial angles to it,
the game is what it is, only if it is played in its pristine form free from any
sporting fraud.”
“The
fundamental imperatives, to which BCCI is avowedly committed in the Anti
Corruption Code, cannot be diluted leave alone neglected or negated.”
“BCCI is a
very important institution that discharges important public functions. Demands
of institutional integrity are, therefore, heavy and need to be met suitably in
larger public interest. Individuals are
birds of passage
while institutions are forever. The expectations of the millions of
cricket lovers in particular and public at large in general, have lowered
considerably the threshold of tolerance for any mischief, wrong doing or
corrupt practices which ought to be weeded out of the system.”
And
as a natural corollary, major part of the verdict deliberates on addressing the
issue of ‘conflict of interest’ and its unethical realms engulfing BCCI and how
BCCI is answerable to the people of India with its ‘public duties’.
“The functions
of the Board are clearly public functions, which, till such time the State
intervenes to takeover the same, remain in the nature of public functions, no
matter discharged by a society registered under the Registration of Societies
Act.”
Cricket
has been like a religion in India. If we have discourses like ‘cricket’s
ungentlemanly avatar’ or ‘cricket losing popularity in India’ or ‘cricket is no
more a religion in India’, BCCI has to carry the blame for it, because in the
blind rush to maintain a tight grip on its culture of secrecy and ‘cronyism’
and to further the vested interests as with commercialization came the
increased wealth creation opportunities, the BCCI top brass started going even
lower, breaking all norms of probity and N. Srinivasan was its worst
manifestation.
That
worst manifestation saw its spell lifting yesterday.
SUPREME COURT’S BCCI/IPL VERDICT: REFRESHINGLY ENGAGING
©/IPR: Santosh Chaubey - http://severallyalone.blogspot.com/
