FIFA has decided to suspend
the Pakistan Football Federation (PFF) with immediate effect in accordance with
the decision of the Bureau of the FIFA Council dated 10 October 2017 on account
of undue third-party interference[1]. The
Bureau took this decision as a result of the fact that the PFF offices and its
accounts remain in control of a court-appointed administrator, which
constitutes a violation of the PFF obligations to manage its affairs
independently and without influence from any third parties in accordance with
the FIFA Statutes[2].
The relevant part of FIFA
statute deemed to be violated are as follows:-
15- Member associations’ statutes
Member associations’ statutes must comply with the principles of good
governance, and shall in particular contain, at a minimum, provisions
relating
to the following matters:
a) to be neutral in matters of politics and religion;
b) to prohibit all forms of discrimination;
c) to be independent and avoid any form of political interference
23- Confederations’ statutes
The confederations’ statutes must comply with the principles of good
governance, and shall in particular contain, at a minimum, provisions
relating
to the following matters:
a) to be neutral in matters of politics and religion;
b) to prohibit all forms of discrimination;
c) to be independent and avoid any form of political interference
And why is this relevant to
Indian Cricket? Hints[3]!! Almost
a year ago, the last democratically ‘elected’ BCCI President, one Shri Anurag
Thakur, was hounded by a Supreme Court of India Bench headed by the then Chief Justice
T. S. Thakur for raising a similar point in his on and off dealings with the Supreme
Court’s alleged interference in the administration of cricket under BCCI
through a proxy i.e. a Supreme Court Appointed Committee headed by a Retired
Justice R. M. Lodha, the interference being changing the constitution of BCCI
itself through ‘forced voting’, among other things. The contempt proceedings
were initiated against the then BCCI president and I would like to think that
he was made to tender “unconditional apology” to avoid being jailed[4]. The
story of the what constituted the alleged contempt factually is another story,
but in effect it was an attempt (malafide or bonafide) on part of Shri Anurag Thakur
to elicit a written assurance/ indication from the ICC & its office bearers
that the Court’s ongoing ‘reform process’/ interference through an appointed
committee etc. is likely to be seen as Outside/ government interference in the affairs
of the Cricket body, forbidden by ICC rules & consequently may lead to
disqualification of BCCI from ICC membership. I strongly believe that his apprehensions
were theoretically & legally sound. Practically & in reality, it is not
unknown that BCCI is what makes ICC a financially powerful body, and hence a
situation of suspending BCCI from ICC membership is unlikely to arise, but,
only due to the greed of men (& women) governing ICC. Rule of law has
nothing to do with its selective application/ inapplicability to relevant
parties. The BCCI’s current state of affairs & Supreme Court Committee of Administrator’s
are begging ICC to strip BCCI of its membership according to rules (similar to
FIFA Statute). It is a graver situation than what happened to PFF under similar
circumstances. As an international sporting body, the FIFA is as professional about
their rules/ statutes as they come. The ICC is yet to reach that level of
professionalism. But one must not ignore a situation where another member sues
BCCI for millions in an arbitration, if a match/ series is cancelled due to the
tussle between old brass of BCCI & SC appointed COA.
The point I make is that, a
Court can not be allowed to ignore/ suppress the ‘rules’ legally governing
Cricket’s international Body, while suspecting & vilifying an individual
for contempt, who chose to take a course of action broadly in accordance with
law. If at all, the Supreme Court took notice of practical reasons for BCCI avoiding
the ICC axe, without noting the reasons in any of the orders. And that’s not Court-
like. Instead its Child- like.
As it happened, the ‘reforms’
approved by the committee remain unimplemented till date, even though the
Supreme Court went ahead and appointed a BCCI CEO of its own, in a court room
deliberation/ suggestion, followed by a Four member Committee of Administrators
(composition of which has varied over time)[5].
I will end this post with
the following provision relevant to ICC Articles of association, which has been
revised/ updated & has been further approved by BCCI (read BCCI CEO & COA,
appointed by SC) on 22.06.2017 along with all other members, at the Full Council Meeting.
ARTICLES OF
ASSOCIATION OF THE INTERNATIONAL CRICKET COUNCIL LIMITED
2.4 Obligations of Members
Each Member must at all times:
(D) manage its
affairs autonomously and ensure that there is no government (or other public or
quasi-public body) interference in its governance, regulation and/or
administration of Cricket in its Cricket Playing Country (including in
operational matters, in the selection and management of teams, and in the
appointment of coaches or support personnel);
Now why would Supreme
Court Controlled Committee & CEO etc. allow BCCI to sign on this basic document
relating to Cricketing world at an ICC meeting, and then whine about the BCCI
members before the Hon’ble Supreme Court? What should one make of that? And why
is no party or their advocate brave enough to point this out to the Hon’ble
Supreme Court? I am regularly amazed as to what passes for legal arguments in Supreme
Court of India these days.
Maybe The Supreme
Court itself should look at the decision of the Bureau of the FIFA Council, especially
since all the landmark judgments these days, focus/ rely more on jurisprudence
abroad than Our own law.
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