Court appointed CAA, CEO discarded
Excelsior Correspondent
Srinagar, Mar 23: The High Court today directed the Board of Control for Cricket in India (BCCI) to take control of the cricketing activities in Jammu and Kashmir and Ladakh until elections in the Jammu and Kashmir Cricket Association (JKCA) are held.
Division Bench comprising Justices Ali Mohammad Magrey and Puneet Gupta directed the BCCI to run the management of the Association as an interim measure and till a new body of the JKCA is elected under its supervision with the further direction to CAA to immediately hand over the affairs of the same to new body.
While disposing of a bunch of petitions filed by various stakeholders, the court felt that there is no further need of their continuation, as such, discontinued the appointment of CAA and the CEO.
“In view of the challenge thrown to the amended Constitution, Memorandum of Association and Rules and Regulations framed by the CAA of the JKCA, coupled with the contentions raised about the mandate exercised by the CAA as well as the role played by the Chief Executive Officer (CEO) nominated by this Court, we, while appreciating the effort and endeavour made by the CAA as well as the CEO, feel that there is no further need of their continuation, as such, the CAA and the CEO of the JKCA appointed by this court shall stand discontinued”, the DB directed.
The Court had in 2017 appointed Justice C. K. Prasad, former judge of the Supreme Court, and Justice Syed Rafat Alam, former Chief Justice of Madhya Pradesh and Allahabad High Courts, as Administrators of the JKCA. The CAA was asked to ensure free and fair election in JKCA and amend rules in JKCA in line with the Lodha Committee recommendations.
On December 6, the court upheld the judgment of a Single Judge and ordered the disputes between different clubs of JKCA to be resolved by an Ombudsman, appointed by the Court. Justice Syed Bashir-du-Din (retired) was appointed as the Ombudsman and Ashiq Hussain Bukhari, former DIG of J&K Police was appointed as Chief Executive Officer (CEO) to assist the CAA in managing the affairs of the JKCA.
The DB further directed the BCCI that while finalizing the amendment in the constitution of JKCA in conformity with the recommendations made by the Lodha Committee as approved by the Supreme Court, consult all the stakeholders, including the parties (i.e., the representatives of the erstwhile clubs of the JKCA as also of the District Cricket Associations now formed by the CAA) litigating before this Court.
“The BCCI shall ensure promoting of cricketing activities in Jammu and Kashmir as well as in Ladakh in tune with its approved Constitution and at par with other affiliated Associations from various States and Union Territories of the country”, the DB directed.
The BCCI has been further directed to ensure that the required infrastructure on ground is improved and made available to the cricketers of Jammu and Kashmir and Ladakh without waiting for any audit report.
With regard to promoting the cricket activities in Union Territory of Ladakh, Court directed the BCCI to ensure promoting of cricketing activities in Jammu and Kashmir as well as in Ladakh in tune with its approved Constitution and at par with other affiliated Associations from various States and Union Territories of the country.
“The BCCI shall ensure that the required infrastructure on ground is improved and made available to the cricketers of Jammu and Kashmir and Ladakh without waiting for any audit”, read the judgment.
The BCCI has to make endeavour to ensure that the boys and girls playing the game of cricket in Jammu and Kashmir and Ladakh, from different age groups, are provided all facilities to excel in the game of cricket not only on national, but also at international level.
Court directed that the BCCI shall be authorized to appoint Committee and sub-Committee to run, administer, control and supervise the affairs of the JKCA till the elections are held and a body of the JKCA is elected under its supervision. “Where-after the administration, control and supervision of the JKCA shall be handed over to the newly elected office bearers of the Association”, the order read.
Both the Deputy Commissioners of Jammu as well of Srinagar have been directed to cooperate with the BCCI for ensuring implementation of the directions passed by the court for any requisitioned assistance.
“They shall ensure preparation of inventory of movable and immovable property of the JKCA and furnishing the same, along with the list of assets and liabilities of JKCA as existing on the date of this judgment, to the BCCI during the course of this week”, read the judgment.
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