In a significant development, the Supreme Court on Friday referred the ongoing dispute regarding the Hyderabad Cricket Association (HCA) to Chief Justice of India, Sanjiv Khanna, highlighting the complexity of issues intertwined with the governance of cricket in India. The bench, comprising Justices Vikram Nath and Satish Chandra Sharma, acknowledged the potential conflicts between the HCA case and another related matter concerning the Board of Control for Cricket in India (BCCI).
The decision follows a thorough examination of the legal challenges posed by the appointment procedures within the HCA. Senior advocate Abhishek Manu Singhvi, representing the case, pointed out the overlapping issues that could arise with the pending case related to the alignment of state cricket associations’ constitutions with that of the BCCI.
Originating from a civil court in Hyderabad, the dispute escalated after challenges were raised against the appointments of an ombudsman and ethics officer by the HCA’s apex council, which were alleged to be in violation of the association’s constitution. Although the appointments were initially suspended by the civil court, this decision was overturned by the Telangana High Court, which not only reinstated the appointments but also dismissed the originating lawsuit. This led the HCA to escalate the matter to the Supreme Court.
In its ongoing oversight of the case, the apex court had previously appointed a supervisory committee chaired by a retired Chief Justice of the Andhra Pradesh High Court in August 2022, to manage the operations of the HCA. However, the committee was dissolved in February 2023, with the court emphasizing the necessity of conducting fair elections under the supervision of a single-member committee led by a retired Supreme Court judge.
The single-member committee’s recommendations for constitutional amendments within the HCA sparked a wide range of objections and debates among stakeholders. The court, expressing its concern but refraining from delving into the merits of the case, stated, “Given the recommendations by the single member committee which are to be approved or disapproved in the present case may be in conflict or not in consonance with the constitution, regulations, and guidelines of the BCCI, it is appropriate that these matters be tagged and heard by the same bench.”
With the referral to Chief Justice Khanna, the case is set to be examined for potential tagging with related matters to ensure a unified approach in addressing the constitutional complexities of cricket governance in India. On December 5, 2023, the Supreme Court provisionally implemented the recommendations, deeming them “salutary,” but has allowed parties to present their views before final approval, ensuring that all perspectives are considered in this pivotal governance dispute.
