Anurag Thakur as BCCI president "obstructed and impeded" implementation of the Lodha panel's recommendations aimed at bringing transparency in the functioning of the cricket body, the Supreme Court today said.
The apex court, which removed Thakur as BCCI president and secretary Ajay Shirke directing them to "forthwith cease and desist from" the board's work, said that by seeking a letter from ICC in August 2016 that the appointment of a nominee of CAG would amount to "governmental interference", was an attempt by head of BCCI to evade complying with the order of this court.
It said that there was "no occasion" for Thakur to solicit a letter from chairperson of ICC at the ICC Governance Review Committee Meeting held at Dubai on August 6 and 7, 2016 and this act intended to "thwart implementation of the orders of the court".
"The position as it has emerged before the court is that despite the fact that there is a judgement and final order dated July 18, 2016 accepting the report submitted by the committee, the implementation of the directions issued by this court has been obstructed and impeded.
"The course of events indicates that though sufficient opportunities have been granted to BCCI to comply with the judgement and order of this court, it has failed to do so. The president and secretary and office bearers of BCCI have obstructed the implementation of the final directions of this court on the basis of a specious plea that its state associations are not willing to abide by the directions," the bench also comprising Justices A M Khanwilkar and D Y Chandrachud, said.
The apex court said that an attempt was made by Thakur to
build up a record to show that implementing the orders of the Supreme Court would run the risk of endangering the status of BCCI as a member of ICC.
"We accordingly have arrived at the conclusion that Thakur has by his actions and conduct rendered himself unfit for continuance as President of BCCI, for the following reasons: Firstly, he has obstructed and impeded the implementation of the directions contained in the judgment and order of this court dated July 18 2016. His own version is that he has been 'rendered totally incapable and without any authority' to compel the members to comply with the orders of this court.
"This is indicative of his having washed his hands off a duty and obligation to ensure compliance. Secondly, we are prima facie of the view that Thakur is liable to be proceeded with for contempt of court for having obstructed and impeded the orders of this Court.
"Thirdly, prima facie we are of the view that Thakur has made statements on affidavit before this court which are false to his knowledge...," the bench said.
On July 18, the court had accepted major recommendations of the Lodha Committee on reforms in BCCI, including a bar on ministers and civil servants and those above 70 from becoming its members, but left it to Parliament to decide whether it should come under RTI or whether betting on the game should be legalised.
The apex court had also accepted the recommendations of the committee headed by retired Chief Justice of India Justice R M Lodha to have a CAG nominee in BCCI. The three-member committee also comprised former apex court judges Ashok Bhan and R Raveendran.
