HC questions Maha Govt over waiver of arrears during IPL

The bench was hearing a Public Interest Litigation (PIL) challenging the State Government's decision to retrospectively reduce the rate of police protection provided during the IPL matches. The PIL was filed by RTI Activist Anil Galgali.

The Bombay High Court on Thursday directed the Maharashtra government to justify its decision to reduce and waive the arrears from the organisers of Indian Premier League matches for police deployment, noting that it did not find any rationale behind the move.

A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar said the government on the one hand kept increasing the water tax charges on slum dwellers but on the other hand, was waiving police cover fees from cash-rich organisers of cricket matches.

"What is this? What are you (government) doing? This is a fee, not tax. You will keep on increasing the water tax from slum dwellers and then you waive off the fee for such cricket matches. The BCCI (Board of Control for Cricket in India) is the richest cricket association globally. That's how they have become rich," the court said.

The bench was hearing a public interest litigation (PIL) filed by activist Anil Galgali challenging the state's decision to reduce the rate for police protection provided to the Indian Premier League (IPL) T20 matches with a retrospective effect from 2011.

The plea said that the police were yet to recover arrears of Rs 14.82 crore from the Mumbai Cricket Association (MCA) for the IPL matches held from 2013 to 2018 at the city's Wankhede and Brabourne stadiums.

As per two Government Resolutions (GR) issued in the years 2017 and 2018, the organisers had to pay around Rs 66 to 75 lakh per T20 and One-Day match and Rs 55 lakh for a Test match held in Mumbai's Wankhede and Brabourne stadium.

However, in June 2023, the government issued a new GR reducing the price for a T20 and One-Day match to Rs 25 lakh, the plea said.

Galgali in his plea said the GR had a retrospective effect from 2011 and thus it waived the arrears to be paid by the organisers.

The bench on Thursday directed the state government to file an affidavit in two weeks justifying the decision to reduce the amount and also the waiver of the arrears.

"Prima facie we do not find any rationale for the state government to have not only reduced the fee to be paid by the organisers for police deployment but to have also waived off the arrears," the court said.

The court said the affidavit shall be filed by the Additional Chief Secretary (Home) of the state government or any other senior official authorised by him.

The affidavit shall also disclose the total arrears to be paid by the organisers of cricket matches since 2011 and the steps taken by the government to recover the same, the court said.

The plea said that in 2021, the Mumbai police had raised a demand of Rs 14.82 crore to the MCA for providing police protection for the games organised between 2013 and 2018 at the Wankhede and Brabourne stadiums.

As per information obtained under the Right to Information Act, the police have so far sent 35 letters to the MCA seeking payment of the dues, the petition said. Besides this, no serious effort has been taken by the police to recover the dues, it said.

The plea sought HC to quash the June 2023 circular issued by the government to the extent that it is applicable from 2011 and hence binding on the recovery of the Rs 14.82 crore arrears from the MCA.

It also sought a direction for the police department to take steps to recover the arrears along with appropriate interest.