HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 34349 OF 2023

O R D E R:

Petitioner seeks to declare the action of the 1^st respondent - Hyderabad Cricket Association imposing ban of five years vide letter dated 11.10.2023 on petitioner to play cricket in all formats as arbitrary and against the principles of natural justice. Consequently, a direction is sought to respondents to allow petitioner to participate in the cricket tournaments hosted by the 1^st respondent - Association.

2. The brief case of petitioner is that he is representing the 2nd respondent - Club and also India-D team in U-19 one day challenger in 2021-22 and also India-B team in U-19 triangular series. While matter stood thus, the 1st respondent lodged a report with the Police, Uppal under Rachakonda Commissionerate who registered Crime No. 1134 of 2023 for the offences under Sections 417, 468, 471, 474 read with Section 34 of IPC on 09.10.2023. In the said crime, petitioner obtained Anticipatory bail from this Court on 17.11.2023. The basis for the 1^st respondent Association to suspend/impose ban on petitioner is the report given by the Commissioner of Police dated 07.10.2023.

3. The Chief Executive Officer of the 1st respondent filed counter to the Writ Petition opposing the relief sought by petitioner. It is contended that the Association is functioning under the aegis of Board of Control for Cricket in India (BCCI) and it is governed by its Memorandum of Association and Rules and Regulations, 2018. The Chief Executive Officer relied upon Rules 2 and 16 of the Rules and Regulations, 2018 which are extracted hereunder:

“ 2. HEADQUARTERS The Headquarters of the HCA shall be located at Hyderabad.

16. HCA JURISDICTION OVER PLAYERS, MATCH OFFICIALS &

TEAM OFFICIALS OF MEMBERS The HCA shall have concurrent jurisdiction and control over Players. Match Officials and Team Officials within the jurisdiction of a Member. Such individuals participating in cricket under the aegis of a Member shall be deemed ipso facto to submit to the jurisdiction of the HCA.”

It is the further case of the 1^st respondent that on scrutinizing the documents provided by the players including Petitioner, they found certain discrepancies, as such a requisition was made by the Association with the Commissioner of Police Hyderabad vide letter dated 30.09.2023 to verify the genuineness of documents submitted by the players. Basing on the said requisition, the Commissioner seems to have conducted an enquiry and submitted the report to the 1^st respondent vide letter dated 07.10.2023 wherein petitioner’s name was reflected at Serial No. 5. Relying on the said report, the 1st respondent lodged a report with the police and Crime No. 1134 of 2023 was registered for the offences under Section 417, 468, 471, 474 read with Section 34 IPC. The Association concluded that petitioner submitted a fake birth certificate which resulted in his suspension.

4. Heard Sri P. Raja Sripathi Rao, learned Senior Counsel appearing for Sri Syed Mansoor, learned counsel for petitioner as well as Sri S. Ashok Anand Kumar, learned Senior Counsel on behalf of Sri N. Gangadhar, learned Standing Counsel for HCA and Sri Zeeshan Adnan Mahmood, learned counsel for the 2nd respondent.

5. For adjudication of this lis, it is necessary to consider the rules and regulations of the 1^st respondent, relevant of which are extracted hereunder:

“1. (A) DEFINATION c. “APEX COUNCIL” is the principal body of the HCA tasked with its governance as set out in Rule 14.

e. “HCA” means “The Hyderabad Circket Association” in Telangana Regd under the A.P.(TA) Public Societies Registration Act, 1350 Fasli (Act 1 of 1350 Fasli) bearing Registration No.207/1961. "CEO" is the Chief Executive Officer of the HCA appointed by the Apex Council as set out in Rule 23.

w. “PLAYER” is any Cricketer past or present registered with HCA or any of its Members as a player and shall Include any person selected in any squad to represent HCA in a Test Match, ODI tour match,