The Supreme Court on Tuesday said maintaining the "purity" of cricket is of utmost importance for it, while hinting at setting up a high-powered committee to suggest measures to cleanse the game in the country, hit by allegations of betting and spot-fixing, and ascertain if there is conflict of interest involving the Board of Control for Cricket in India’s president-in-exile, Narayanaswami Srinivasan.
"That committeee has to be a high-powered committee and that committee will also look into the conflict of interest and its findings will be binding on BCCI," a bench of justices T S Thakur and F M I Kalifulla observed while hinting that the committee would comprise retired judges.
The apex court took exception to Srinivasan attending the Tamil Nadu Cricket Association's meeting in November after he had voluntarily stepped aside as cricket administrator, forcing him to admit that it was mistake on his part.
The bench said somebody has to take a call on the punishment to be meted out to those indicted in the Mudgal Committee report.
"We are not very keen to decide on punishment. We want the system to be more effective," the bench said adding "action has to follow immediately".
Though the Justice Mudgal committee did not find anything regarding the "cover-up" by Srinivasan for alleged involvement of his son-in-law, Gurunath Meiyappan, in the betting and spot-fixing scandal, the bench said the high-powered committee would have to examine various angles and the issue of conflict of interest would be one.
"Conflict of interest issue can be a course correction for future. If committee says there was a conflict of interest in Srinivasan's function, it cannot say punish but suggest for amendments in the rule," it said, adding the committee would also look into the aspect of whether a person's involvement in cricket administration while wearing multiple hats amounts to conflict of interest.
The bench said the committee would examine and analyse the aspect of quantum of punishment likely to be inflicted upon persons found guilty of breaching the code of conduct.
The committee will also look into whether Srinivasan's role is objectionable in the drama and if the role of Meiyappan and Srinivasan requires punishment, then what punishment.
The apex court said the most important thing for them is to ensure that there should be purity of game and to look into the remedial aspect from the committee.
"BCCI creates in minds an illusion that the game is fair but the entire nation feels cheated. Is there any remedy as otherwise what will happen to the nation?" it asked.
While senior advocate Kapil Sibal, appearing for Srinivasan, assured that Srinavasan would keep away from the day-to-day administration of the game on being elected after the upcoming election, counsel for the Cricket Association of Bihar, Nalini Chidambraram, submitted that he should not be allowed to contest at all.
However, the bench said since the Justice Mudgal Committee has not found anything against Srinivasan, it wondered it would be proper to keep him away from contesting the election.
"In this background, is Srinivasan not eligible to contest election? On what juristic principle can we stop him at this stage?" the bench observed, adding that addressing the issue of election at this stage would mean that there is an issue of disqualifying him from contesting the election.
Referring to the issue of conflict of interest, the bench said the high-powered committee can say it can be a basis for disqualification in future.
The bench disagreed with Chidambaram's submission that the BCCI's administration is being run illegally as the term of office-bearers ended in September and they are unauthorisedly running the affairs of BCCI as date of election has passed.
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