 "Subramanian Swamy")
The first bench comprising Chief Justice Sanjay Kishan Kaul and T S Sivagnanam delivered the order.
The court observed CSK Chennai Ltd has no independent status as a franchisee, which is only an assignee, and in the given situation was not required to be heard separately nor did it seek any such hearing.
The bench added the Supreme Court judgement was delivered in January 2015 and the Novation Agreement between CSKC Ltd and India Cements was executed on February 20, 2015.
Thus, CSKC Ltd was nowhere in the picture when the SC order came in and if it is not in the picture, the bench asked where could the question be of it being an aggrieved party which can seek redressal in appropriate judicial proceedings. The premise that the company can claim any independent right as an aggrieved party is clearly unsustainable, it added.
The aspect of public interest cannot also be brought in to canvass the case to re-open the issue of recommendations of Justice Lodha Committee, added the court.
Swamy told reporters said that he would approach the SC against the ruling.
He added, Lodha Committee didn't say anything about CSK and also about N Srinivasan and no players from the team are facing any crime. Meyappan, who was the officer at CSK gambled, but did not get into match fixing, and it was not criminal offence though he shouldn't have done it.
Swamy alleged the PIL (which was by Cricket Association of Bihar) is not a PIL and it was supported by Lalit Modi. He also alleged that half of the office bearers in BCCI got connected with Dawood Ibrahaim, who wants to finish off Srinivasan, as he shifted the centre of gravity of BCCI to Tamil Nadu which Ibrahim could not tolerate. He and few more people from North want to finish Srinivasan and CSK, said Swamy.
He claimed himself as a cricket fan and also a cricket player during his college and at the interest of the game he got involved into the case.
In his petition, Swamy alleged that the entire proceedings before the Bombay High Court, the SC, the Justice Mudgal Committee and the Justice R M Lodha Committee, which ultimately culminated in the suspension of CSK and Rajasthan Royals are completely vitiated on account of the motivated and vested litigation by Cricket Association of Bihar with "unclean hands" and suspension of the two star cricket teams are to be set aside.
The Lodha Committee, appointed on instructions of the SC, on July 14, 2015, has suspended the two teams for two years from IPL along with other orders.
In the petition against Board of Control for Cricket in India, Cricket Association of Bihar and Rajeev Shukla, chairman of IPL, also alleges that there are e-mail communications between various people "show that the entire proceedings, beginning from the PIL before the Hon'ble Bombay High Court and which ultimately culminated in the suspension of Chennai Super Kings and Rajasthan Royals, was targeted and is tainted by unclean hands, being a proxy litigation at the behest of vested interest."
It added that Swamy has been made available of the email communications by parties who are privy to the same, and he craves the leave of the Court to file them in a sealed envelope or in a redacted form if the Court directs.
He also submitted that he apprehends that Justice Mudgal Committee was deluged with false material supplied by known associates of Lalit Modi with the ulterior and malicious motive of removing two star cricket teams from the IPL.
It also alleged that a former President of the BCCI allowed Lalit Modi to manage his blog and and the same person was made to implead himself in the SC with financial support of Modi.
In the Court, Swamy argued that he is strictly acting in the interest of the public.
Speaking to reporters later, he said that CSK is a pride of Tamil Nadu and India and a tip class team, which N Srinivasan has build up over years from 2008.
"There is no charge against them. Neither any charge has been made nor any charge was found," he said. "Why should the team be held responsible?", he asked.
