ORDER

Heard in part.

2. Post on 17.10.2016 at 2.00 p.m. for continuation.

3. By our Order dated 18.07.2016, we had while accepting the report submitted by Justice Lodha Committee and the recommendations made therein requested the Committee to supervise the transition from the old to the new system in the wake of the reforms proposed by the Committee. We had hoped that this transition will be completed within a period of four months or at best six months from the date of the order and requested the Committee headed by Justice Lodha to draw appropriate timelines for the implementation of the recommendations and supervise the process. We had, at the same time, directed the BCCI and all concerned to co-operate with the Committee and to act in aid of its directives. Anticipating possible impediments in the process of implementation we had reserved liberty to the Committee to seek appropriate directions from this Court by filing a status report in that regard. Justice Lodha Committee has now submitted a status report in which it has set out the developments that have taken place after 18th July, 2016 till the date of the submission of the report. The BCCI has responded to the status report and filed a reply.

4. We have today heard Mr. Gopal Subramanium, learned Amicus, Mr. Vikas Mehta and M/s. Kapil Sibal and Arvind Datar at considerable length. The sequence of events that have 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. The Committee, it appears, had by an e-mail dated 21.08.2016 directed that the AGM of the BCCI proposed to be held on 21.09.2016 may transact routine business concerning the year 2015-2016 but any business or matter relating to the next year namely 2016-2017 may be dealt with only after the adoption of MOA and the Rules as per the recommendations of the Committee. This direction according to the Committee was issued to ensure that the recommendations are implemented in letter and spirit and that the Committee is not presented with a fait accompli. An AGM was, accordingly, held on 21.09.2016, but decisions at serial No. 2, 3, 5, 6, 8 and 9 set out in the Status report were taken in violation of the directives issued by the Committee acting as impediment in the implementation of the judgment of this Court. In addition, the Committee has in para 5 enumerated the following impediments in the implementation of the judgment of this Court:

"5. Apart from the above, the events narrated would reveal the following impediments:

a). It was stated in the BCCI report dated 25.8.2016 that an EGM would be called "not later than 28th September" for the "formal adoption" of the new memorandum. The BCCI did not honour this assurance, and on the other hand, at the AGM of 21.9.2016 took decisions contrary to the said assurance by deciding that the EGM would be on 30th September "to consider" the amendments to the Rules and Regulations.

b). The BCCI has not issue directives to the member associations despite the express directions from the SC Committee on at least 4 separate occasions.

c). The Selectors of Men, Women and Junior cricket are announced contrary to the norms approved by this Hon'ble Court.

d). The BCCI has prescribed an undertaking for nomination to the post of BCCI Secretary which is not in accordance with the norms approved by this Hon'ble Court.

e). No second status report has been furnished although it was undertaken to do so within a fortnight after 25.8.2016.

f). Despite continually claiming that all steps taken would be subject to the Review Petition filed, it transpires that the sa