The court highlighted the doctrine of proportionality in lifting a lifetime ban on BCCI's office bearer after acceptance of an unconditional apology.

ORDER

IA No.105962/2018 & IA No.105965/2018

1. These applications have been moved by Mr. Anurag Singh Thakur with a prayer to recall the order dated 02.01.2017 passed by this Court in C.A. No.4235/2014 and to pass such further order as it may deem fit and proper in the facts and circumstances of this case.

2. In the order dated 02.01.2017, this Court had issued the following directions:

“25.(i) All the office bearers of BCCI and of its affiliated State Associations who fail to meet the norms recommended by the Committee and accepted by this Court, shall forthwith demit and cease to hold office namely:

“A person shall be disqualified from being an Office Bearer if he or she :

(a) Is not a citizen of India;

(b) Has attained the age of 70 years;

(c) Is declared to be insolvent, or of unsound mind; (d)Is a Minister or government servant;

(e) Holds any office or post in a sports or athletic association or federation apart from cricket;

(f) Has been an Office Bearer of the BCCI for a cumulative period of 9 years;

(g) Has been charged by a Court of Law for having committed any criminal offence.”

(ii) Shri Anurag Thakur, President of BCCI and Shri Ajay Shirke, Secretary, BCCI shall forthwith cease and desist from being associated with the working of BCCI;

(iii) A notice to show cause shall issue to Mr Anurag Thakur to explain why he should not be proceeded against under the provisions of Section 195 read with Section 340 of the Code of Criminal Procedure , 1973;

(iv) A notice to show cause shall issue to Mr Anurag Thakur to explain why he should not be proceeded with under the Contempt of Courts Act , 1971;

(v) A Committee of administrators shall supervise the administration of BCCI through its Chief Executive Officer;

(vi) This Court shall by a separate order nominate the persons who shall form part of the Committee of administrators. In order to enable the Court to have the benefit of objective assistance in making the nominations, we request Mr Fali S Nariman, learned Senior Counsel and Mr Gopal Subramaniam, the learned Amicus Curiae to assist the Court by suggesting names of persons with integrity and experience in managing a similar enterprise. We request the learned Counsel appearing on behalf of the parties to also place their suggestions before the Court so as to facilitate a considered decision;

(vii) In addition to the function assigned in (v) above, the Committee of administrators shall also ensure that the directions contained in the judgment of this Court dated 18 July 2016 (which accepted the report of the Committee with modifications) are fulfilled and to adopt all necessary and consequential steps for that purpose;

(viii) In view of the directions contained in (ii) above, the senior most Vice-President of BCCI shall perform the duties of the President, BCCI and the Joint Secretary shall perform the duties of Secretary. Those of the office bearers of BCCI who are not disqualified in terms of clause (i) above (other than the President and Secretary) may continue subject to their filing an unconditional undertaking before this Court within four weeks of the date of this order to abide by and implement the directions contained in the judgment dated 18 July 2016. Upon the Committee of administrators as nominated by this Court assuming charge, the existing office bearers shall function subject to the supervision and control of the Committee of administrators. The Committee of administrators would have the power to issue all appropriate directions to facilitate due supervision and control; and

(ix) The remuneration payable to the members of the Committee of Administrators shall be fixed in consultation with the Committee consisting of Mr Justice R M Lodha, Mr Justice Ashok Bhan and Mr Justice R V Raveendran. The role of the Justice R M Lodha Committee shall hereafter be confined to overall policy and direction on such matters as may be referred by this Court.

(x) We would request the leaned Senior Counsel and the learned Amicus Curiae to ende