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BCCI refuses to give undertaking on Lodha recommendations; SC to pass orders on Frida

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BCCI refuses to give undertaking on Lodha recommendations; SC to pass orders on Friday

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The Supreme Court (SC) of India is expected to pass orders on Friday (October 7) after the Board of Control for Cricket in India (BCCI) said it would be difficult for it to give an undertaking that it will implement all the recommendations, as laid out by the Lodha Panel.
If the BCCI doesn't 'fall in line' with the orders of the SC by Friday (October 7), the apex court could even supersede BCCI's office-bearers, including its president, Anurag Thakur, and secretary, Ajay Shirke, as requested by the Lodha Panel, a plan of action which found support with the Amicus Curiae, Gopal Subramanium.
Passing strictures on the BCCI, TS Thakur, chief justice of India, who headed the three-judge bench said: "You are in the forefront of defiance, stop wasting our time. You are trying to obstruct the panel. You're are not implementing Lodha Panel's directions." Senior advocate, Kapil Sibal, representing the BCCI requested for time until October 17th, as he needed to get back to the board and its member associations. However, the SC was in no mood to oblige and gave the Indian cricket board one day time to decide on its course of action.
Amicus Curiae, Gopal Subramanium, in his arguments on Thursday (October 6), supported the replacement of the top brass of the BCCI.
"Interim board must be set up to implement Lodha Panel recommendations," he reckoned - also asking the bench to choose able administrators who could implement the reforms - as stated by the Lodha Panel. 
The SC bench, however, observed that the BCCI should either elect new administrators or the Lodha Panel must give the Indian cricket board more time to fall in line and implement all the recommendations.
Subramanium also added credence to the Lodha Panel's arguments by saying that the BCCI had continued to disburse funds to its state associations without following the guidelines, as stipulated by the Supreme Court. "This is an attack on judiciary and any losing side now won't comply with the Supreme Court order," he added
The Amicus Curiae also took strong offence to the uncharitable references made by former Justice, Markandey Katju. "I have never seen a former judge of the supreme court holding press conference and making remarks about sitting judges of this Court," Subramanium told the SC bench.
Justice Katju was appointed by the BCCI as a one-man commission on August 2 to advise the board on its response after the Supreme Court, on July 18, accepted Lodha's recommendations and asked the panel to supervise its implementation.
Accepting his arguments, the SC, in a stinging indictment of the BCCI, asked the Amicus Curiae to identify possible replacements if it were to oust the current office-bearers of the Indian cricket body. 
Earlier, India's apex court had asked the BCCI to respond to a series of allegations by the Lodha panel, which had submitted its status report on September 28. Filing its reply, the Indian cricket board pleaded about its helplessness in following certain directives of the Lodha Panel. The BCCI said that the recommendations of the Lodha Panel were discussed threadbare by its members and objections were raised against several proposals envisaged by the panel - which were ultimately voted out.

To this, the apex court said: "No need to persuade any state association who are not ready to reform. Don't pay money to associations who don't comply by you. Money disbursed to such associations should be returned."

The Lodha Panel had told the court that the Indian cricket board remained defiant, they (BCCI) had absolutely no interest in implementing reforms, many mails sent to them remained unanswered and the board had resorted to distorting truth in front of the media.

BCCI, however, refuted allegations of 'non compliance' by the Lodha Panel, submitting details of mails that were sent to the commission. 

The panel also spoke about the September 30 deadline, by when seven of the recommendations were to be adhered by the BCCI. Instead, the commission noted - not even a single recommendation had been adopted by the board, as on that date. The bench wasn't pleased with the BCCI for casting aspersions on the Lodha Panel. 

"It's not an ordinary committee, it's headed by a former Chief Justice of India (RM Lodha). If there was any grievance, the BCCI could go back to the committee," it noted.

The court also came down heavily on the board for disbursing large amount of funds for its member organizations without seeking the approval of the Lodha committee. "BCCI must have have transparent policy on money disbursement. You cannot transfer 400 crore rupees to states overnight" it noted. 

To this the Indian cricket board replied saying that it had only disbursed funds relating to matters dating back to 2015-16. The matter pertained to the discontinuing the Champions Trophy and the subsequent compensation received from Star TV as well as Sony, and which needed to be distributed to the state associations.

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