SC leaves it to BCCI to take call on Srini
NEW DELHI: The Supreme Court on declined to interfere with BCCI’s view to bar N Srinvasan from taking part in any of its meetings, saying the Board was free to stick to its stand that he suffered from conflict of interest so long as a court of law upsets that opinion.
The apex court , which declined to pass direction on the BCCI’s plea seeking clarification whether Srinivasan was eligible to participate in board meetings in view of the January 22 order declaring him to be suffering from conflict of interest for owning IPL team Chennai Super Kings (CSK), said he was also free to question the correctness of Board’s view in a court of law.
“We do not see any need for any clarification in our judgement of January 22, which is self-expedient and also does not suffer from any ambiguity,” a bench comprising Justices TS Thakur and FMI Kalifulla said, before which Srinivasan also withdrew his application seeking prosecution of BCCI Secretary Anurag Thakur for allegedly making false and misleading statements on affidavit about the adjourned August 28 meeting in Kolkata.
It declined to go into BCCI’s contention that post-judgement restructuring of shareholdings of India Cement Ltd and CSK does not free Srinivasan of charge of conflict of interest.
BCCI’s counsel and senior advocate KK Venugopal had argued that restructuring of shareholdings of India Cement Ltd and transfer of shares of CSK in the newly-formed trust by Srinavasan on February 23, was a “sham transaction.”
His argument was opposed by senior advocate Kapil Sibal, who said BCCI’s view to disqualify Srinivasan from participating in the board meeting was not passed through any resolution and was open to challenge.
However, taking note of the submissions of both sides, the bench said it was not going to deliberate on the development subsequent to its January 22 judgement.
“Having said that, BCCI is free to take a view about the subsequent development and free to stick to it so long as a competent court of jurisdiction arrives at a decision to upset its view,” the bench said, adding that “Srinivasan shall also be free to question the correctness of the view in court.”