(T.S. Thakur, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)
Board of Control for Cricket ___________________________ Appellant
v.
Cricket Aasociation of Bihar & Ors. ________________ Respondent(s)
I.A. No. 28 of 2016 in Civil Appeal No(s). 4235/2014, decided on November 8, 2016
The Order of the court was delivered by
Order
1. Justice R.M. Lodha Committee has submitted its second status report, inter alia, pointing out that the Committee is facing serious impediments in carrying out the directions of this Court in terms of our order dated 29.10.2016. The Committee further reports that since it is not a full time committee it cannot without adequate secretarial staff perform its functions especially when its members are residing in different cities making it difficult for the Committee to effectively monitor administrative functions of the BCCI. Mr. Gopal Subramaniam learned amicus curiae submits that apart from the fact that the BCCI has failed to comply with the several directions issued by this Court some of which have been mentioned by the Committee also there is need for providing requisite secretarial staff to the Committee to enable it to monitor the functioning of the BCCI more effectively. He further points out that several vendors have to be appointed by the Committee for which purpose the Committee may require not only the support of administrative/secretarial staff but also the assistance of experts in different fields. He submits that given the specialized areas in which the contracts have to be executed it is appropriate that the Committee is vested with the power to engage specialists in different fields for finalizing the contracts in question.
2. Mr. Kapil Sibal, learned senior counsel appearing for the BCCI does not oppose the submissions of Mr. Gopal Subramaniam. In the circumstances, therefore we authorize the Committee to engage such administrative/secretarial staff as may be considered necessary by the Committee for the discharge of the duties assigned to them in terms of the directions issued by this Court. The terms and conditions of service of the staff shall also be stipulated by the Committee. The choice of the staff shall also be entirely in the discretion of the Committee.
3. We also permit the Committee to engage the service of experts in different fields in regard to the award of contracts which the Committee made for the domestic, international and IPL season 2017. The remuneration payable to the experts/consultants shall also be determined by the Committee and shall be paid from out of the funds of the BCCI.
4. Needless to say that directions issued by this Court to the BCCI for rendering all assistance shall continue to hold good and the BCCI shall comply with the said directions. The Committee we hope and trust will also expeditiously appoint an auditor in terms of our directions.
5. In I.A. No. 28/2016, the BCCI has prayed for an order directing the Committee to comply with our order dated 21.10.2016 and sought a direction for the BCCI to make appropriate orders for the release of funds needed in connection with the Rajkot match which commences tomorrow. Mr. Kapil Sibal submits that at para 14 of the application he has indicated the amount payable to different parties on account of BCCI’s international obligation in connection with India-England forthcoming series. He submits that for the match that commences tomorrow at Rajkot BCCI requires sanction of a sum of Rs. 58.66 lakhs details whereof have been set out in para 14 as also for the subsequent matches till December 5, 2016. Mr. Gopal Subramaniam does not have any objection in case the permission to spend the sum aforementioned is granted. The prayer made by BCCI is accordingly granted given the fact that the matches are starting tomorrow leaving hardly any time for the Committee to apply its mind and pass orders.
6. We further permit similar expenses to be incurred in connection with other matches with the English team till 5th December, 2016. Needless to say that the payment so sanctioned shall be made directly to the parties who are entitled to receive the same. No part of the money shall be handed over or disbursed to the Rajkot Cricket Association/Saurashtra State Cricket Association.
7. Needless to say that proper accounts of the expenditure so incurred shall be maintained by the BCCI and submitted to the Committee who shall be free to have the same verified through the auditor engaged by it. I.A. No. 28/2016 with that direction is disposed off.
8. List for further hearing on 5th December, 2016 as already directed.
9. The second status report is taken on record.
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