IMPORTANT POINT
Additional directions issued for implementation of Lodha Committee recommendations.

JUDGMENT

Dr. D.Y. Chandrachud, J.

On 7 October 2016, directions were issued by this Court pursuant to a status report dated 26 September 2016, submitted by the Committee consisting of Justice R.M. Lodha, Justice Ashok Bhan and Justice R.V. Raveendran. The status report filed by the Committee set out the sequence of events that had taken place after the final judgment and order of this Court dated 18 July 2016, which accepted the report submitted by the Committee on 18 December 2015 with certain modifications. A gist of the status report has been set out in the earlier order dated 7 October 2016. After adverting to the sequence of events, the Committee has concluded that BCCI has violated its directions:

"...Directions of this Hon'ble Court have been ignored, actions have been taken to present a fait accompli to the Committee, the directives of the Committee have been breached, and member associations have not been duly intimated about the directions of the Committee and the timelines fixed by it."

The Committee has observed that "BCCI has repeatedly taken steps to undermine the Committee and this Court", with several statements and actions which "are grossly out of order and would even constitute contempt". The Committee noted that despite several e-mails, as well as a direction to appear before it on 9 August 2016, the President of BCCI did not furnish even a single response to the Committee. The Committee also observed that the President of BCCI had even gone to the extent of requesting ICC to issue a letter that "this Committee amounts to governmental interference" besides making several objectionable statements in the press which undermined both the Court and the Committee.

2. The Committee submitted the above status report in pursuance of the directions contained in the judgment of this Court dated 18 July 2016. This Court had by its judgment, while accepting the recommendations made in the earlier report of the Committee, assigned to the Committee a supervisory role for ensuring the transition from the old to the new system recommended by the Committee. While this Court in its judgment expressed a hope that the process of implementing the directions contained in the judgment would be completed within a period of four months or at best six months, the Committee was requested to draw appropriate timelines for the implementation of the recommendations and to supervise the implementation process. The Committee, while moving the status report observed that though the office bearers of BCCI had furnished assurances to it on 9 August 2016, 25 August 2016 and 20 September 2016, that they would cooperate with the Committee in fulfilling the directions of this Court (subject to any modification or review) these assurances had not been fulfilled.

3. In the previous Order of this Court dated 7 October 2016, the following prima facie, findings were recorded:-

"... The sequence of events that have been taken place since 18th July, 2016 and referred to in the status report prima facie give an impression that BCCI has far from lending its fullest cooperation to the Committee adopted an obstructionist and at times a defiant attitude which the Committee has taken note of and described as an impediment undermining not only the Committee but even the dignity of this Court with several statements and actions which according to the Committee are grossly out of order and may even constitute contempt".

This Court has noted that in spite of a direction issued by the Committee on 21 August 2016 that the AGM of BCCI which was to be held on 21 September 2016, may transact only routine business for 2015-16 and that any business or matter relating to 2016-17 may be dealt with only after the adoption of the Memorandum of Association and rules in pursuance of the recommendations of the Committee, substantial amounts running into crores of rupees have been disbursed in favour of state associations. This Court expressed the view that BCCI could and indeed ought