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Take interim measures till new elected JKCA body is framed: J&K HC to BCCI
3/23/2021 11:55:44 PM
Early Times Report

Jammu, Mar 23: A Division Bench of Jammu and Kashmir High Court Comprising Justice Ali Mohammad Magrey and Justice Puneet Gupta while deciding bunch of petitions relating to J&K Cricket Association (JKCA) affairs, directed to make an interim measure and till a new body of the JKCA is elected under its supervision, run the management, control and administration of the JKCA immediately upon being handed over the same by the CAA.
Divisions Bench while disposing of the petitions observed that the game of cricket assumes manic proportions in India and is not viewed as being merely a sport or an ordinary amusement activity. It is a national sport that connects the people of India in a unique way.
The ground realities of the popularity and reach of the game of cricket in India make for a compelling argument that there is a patent public element involved in the same. However, it surfaced that the BCCI which administers the game of cricket in the country was mired in various controversies, including serious inaction regarding betting and match fixing; frequent amendments to the rules to enable persons in power to perpetuate their control and promote their financial interests; permitting or enabling its office bearers, employees and players to do acts which clearly give rise to conflicts of interest having no resolution mechanism; lack of transparency and accountability; failure to provide effective grievance redressal mechanisms; a general apathy towards wrongdoings, etc.
DB observed that the BCCI, which is tasked with the overall governing/ controlling of the activities of the game of cricket in India and of which the JKCA is an affiliate member, is in position with its newly approved Constitution, it is the said body which shall be the appropriate authority to answer the above-formulated question in the light of its newly approved Constitution.
With these observations Division Bench disposed of appeals with the directions that 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.
DB further directed that the BCCI shall, as an interim measure and till a new body of the JKCA is elected under its supervision, run the management, control and administration of the JKCA immediately upon being handed over the same by the CAA.
The DB further directed that the Deputy Commissioner of Jammu as well of Srinagar shall cooperate with the BCCI for ensuring implementation of the aforesaid directions passed in this judgment for any requisitioned assistance.
They shall ensure preparation of inventory of movable and immovable property of the JKCA and furnishing the same, alongwith 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.
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