Experts & Views
PIL before SC seeks J Lodha Panel’s recommendations to be declared unconstitutional + reference to 7 judge bench
A public interest litigation petition has been filed before the Supreme Court of India for declaring the recommendations of the ‘Supreme Court Committee on Reforms in Cricket’ commonly known as Justice Lodha Committee as violative of article 12, 14 and 19 of the Constitution of India.
The above PIL has been filed by ‘International Bar Association of India’ through Debasis Misra, Association’s ‘International Chairman’. The petition which was filed on November 11, 2016 has arrayed Justice Lodha Committee as a respondent.
The petition is listed on January 6, 2017 as item no. 13 before a bench comprising of Chief Justice of India J S Khehar and Justices NV Ramana and DY Chandrachud.
|Case No.||Writ Petition (C) No. 1037 OF 2016|
|Case Title||International Bar Association of India through its International Chairman Mr. Debasis Misra v. Union of India & Ors.|
|Bench||Chief Justice of India J S Khehar and Justices NV Ramana and DY Chandrachud.|
The petition further seeks a direction from the apex court to the Union of India to have “appropriate government control” over BCCI.
Supreme Court had appointed Justice Lodha committee on January 22, 2015 vide its judgment in Civil Appeal No. 4235 of 2014 – BCCI v. Cricket Association of Bihar (Read: Legally explained: What, why and how the Supreme Court decided to fix BCCI).
Thereafter Supreme Court had also dismissed BCCI’s review petition which had contended that court cannot interfere with the internal matters of BCCI and public policy can’t be imposed on BCCI which is a private body.
Along with the petition, petitioner association has also filed an interlocutory application “for Permission to Refer the matter to a Seven Judge Constitution Bench of this Hon’ble [Supreme] Court”. Further, an application for ex-parte stay has also been filed.
A brief timeline of the litigation can be read here on ESPNcricinfo.com