This Petition under Article 226 of the Constitution of India challenges 11 Show Cause Notices all dated 25 November 2011 issued by the Special Director, Directorate of Enforcement under the Foreign Exchange Management Act, 1999 (in short “the Act”) to the petitioner to show cause against imposition of penalty on him in his capacity as the President of the Board of Control for Cricket in India (in short “the Board”) for the alleged violation of the Act, during the period 2008 to 2011. This Petition also challenges a Communication dated 6 June 2013 calling the petitioner for personal hearing before the Director of Enforcement, Directorate of Enforcement for adjudication of the impugned 11 Show Cause Notices. All the show cause notices are issued to the Board (BCCI) and to the petitioner and six other persons.

2. The challenge to the impugned 11 show cause notices by the petitioner is on the ground that the same has been issued to him without jurisdiction as under the Act, he cannot be held liable under Section 42 of the Act for the breaches, if any, committed by the Board and by other persons and even otherwise no case is made out against him for violation of the Act. While the challenge to the notice of hearing dated 6 June 2013 is that the same has been issued without complying with the requirements of Foreign Exchange Management (Adjudication Proceedings and Appeal) Rules, 2000 (in short “Adjudication Rules”).

3. Factual Matrix

(a) During the period 2008 to 2011, the petitioner was President of the Board. In the year 2008, the Board commenced conducting a domestic Cricket tournament by the name of Indian Premier League (IPL). The first edition of the IPL in 2008 was conducted in India and it was immensely successful.

(b) The Board had declared that the second edition of the IPL for the year 2009 was proposed to be held during the period 10 April 2009 to 24 May 2009. However, the Election Commission of India announced its schedule for the general elections in the country beginning from 13 April 2009 to 16 May 2009. In view of the above, the respondent no.1 i.e. Union of India advised the Board to change its schedule for the second edition of the IPL tournament from the point of view of providing security during the matches.

(c) In the above circumstances, the Board called an Emergency Meeting of its Working Committee on 22 March 2009. At the meeting it was concluded that it was not possible to revise the schedule of the second edition of IPL tournament and, therefore, the President of the Board was authorized to explore the possibility of holding second edition of the IPL tournament abroad. At the meeting sanction/approval was also sought from the members of the Working Committee to open an account of US dollars of 10 Millions to take care of the expenses for the staging of the second edition of IPL tournament. In due course, the second edition of the IPL tournament was held in South Africa on the scheduled dates between 10 April 2009 to 24 May 2009. This edition of IPL was also a huge success.

(d) Thereafter, on 16 November 2011, the Assistant Director, Directorate of Enforcement in terms of Section 16(3) of the Act filed a complaint with the Special Director alleging violation of the Act. In the above complaint, it was alleged that the Board and its Officers had violated the provisions of the Act by receiving or remitting foreign exchange to the tune of about Rs.1314 crores without permission of Reserve Bank of India (RBI) while conducting the second edition of the IPL, thus inviting penalty under Section 13 of the Act. On the basis of the above complaint, on 25 November 2011, all the impugned 11 show cause notices were issued to the Board and its office bearers as well as Executive Officer conducting the IPL tournament. Each of these impugned notices called upon the Board to show cause in respect of a particular conduct/transaction amounting to violation of the Act and the petitioner was also called upon in each