The Delhi High Court on Wednesday came down heavily on a law student for filing a Public Interest Litigation (PIL) seeking to bar Bangladesh from participating in the upcoming ICC Men’s T20 World Cup due to alleged human rights violations against the Hindu minority community in that country.
A Division Bench of Chief Justice D K Upadhyaya and Justice Tejasvi Karia questioned the very basis of the petition and expressed strong disapproval of using the court’s time for such matters. “What kind of petition is this? Whatever captures your imagination becomes the subject matter of a writ petition?” the bench asked.
Filed by Devyani Singh, a law student, the PIL had urged the High Court to direct the International Cricket Council (ICC) to prevent Bangladesh’s participation in international cricket unless the country could be certified free from human rights abuses. It also sought the constitution of an independent commission by the ICC to investigate and report instances of “systemic persecution, targeted violence, mob lynchings, temple desecration, and other human rights violations” against Hindus in Bangladesh.
The plea named several foreign and international entities including the ICC, Bangladesh Cricket Board, Sri Lankan Cricket Board, and the Bangladesh High Commission in India as respondents.
The court questioned whether the ICC could even be subjected to the writ jurisdiction of the High Court. “No writ can go to the ICC. No writ can go to the Sri Lankan Cricket Board. No writ can go to the Bangladesh High Commission. No writ can even go to the Government of India to act in a particular manner with respect to the situation in Bangladesh,” the bench clarified, adding that such matters fall within the exclusive domain of the executive.
The court noted that the reliefs sought would require judicial intervention into matters of foreign policy, which was clearly beyond the jurisdiction of the court. “You are asking us to conduct some kind of inquiry in Bangladesh. Our writ will go there?” the bench remarked in disbelief.
Solicitor General Tushar Mehta, appearing for the Board of Control for Cricket in India (BCCI), also pointed out that the petition was misconceived as it involved foreign entities beyond the scope of the court’s writ powers.
The bench strongly advised the petitioner to focus on more constructive causes. “You’re a law student. What is this? Think over it. By filing such petitions, you are unnecessarily wasting the judicial time of the court. Do more constructive work instead of wasting your time. In case you insist, we will saddle you with heavy cost,” the bench warned.
Ultimately, the court permitted the petitioner to withdraw the petition.
