BCCI to file review petition against Supreme Court verdict

The Board of Control for Cricket in India (BCCI) is all set to file a review petition against the Supreme Court of India’s verdict, which has approved most of the Lodha Committee’s recommendations. Former apex court judge Markandey Katju was appointed to counsel BCCI on how to implement the verdict.

“Our judicial review petition is pending. We will be going to file it [in the next two days]. Till the outcome is not there how can we go and attend the meeting?” a top BCCI official was quoted by ESPNcricinfo.

“Justice Katju has clearly told us that you should go for the review petition. Members have also agreed [with his assessment]. We will look at the outcome of the review petition and take the necessary action.”

According to a legal expert, the petition has to be filed within 30 days of the verdict. “Review petitions are usually entertained when there is an error apparent. But here is a case where two judges have taken a very serious view of the matter; it’s not like they have passed a judgement after one hearing,”

“The judges have taken a very specific view on the matter. The question of whether it’s wrong is not something the Supreme Court is going to go into. They are not going to re-examine those things.”

The expert said that “99%” of the petitions were dismissed in the chamber itself. “[Review petitions come into the picture in] cases where very serious legal errors are committed, which the court may not have been aware of,” the expert said.”Some fact, for example, which for some reason the court didn’t consider which completely alters the nature of the judgement. It’s just sort of a thing which parties file mostly to prolong the matter as opposed to actually getting any relief.”

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“The point of having a Supreme Court is to ensure matters come to a conclusion and some final judgement is arrived at. Now if they will file a review petition it will go before CJI Thakur and some other judge who will be assigned to the matter.”

The expert also said that in his view the BCCI president Anurag Thakur and secretary Ajay Shirke might not need to meet with the Lodha Committee. “There is an argument that can be made that the committee’s findings essentially merge with the Supreme Court’s judgement,” he said. “Therefore, if they fail to abide by an order of the court then that could amount to contempt of the court.”

“I am pretty sure if they don’t meet them tomorrow then someone will file a contempt petition or the Supreme Court itself can also suo moto, take it upon themselves and say you should have appeared, or the Lodha Committee might write to the Supreme Court and say they haven’t appeared.”

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“This is all we can do, what else can we do,” a BCCI official said. “We also have our fundamental rights.”