HC shouldn't entertain CSKCL petition, argues BCCI

The Board of Control for Cricket in India (BCCI) has cautioned Madras High Court against entertaining a writ petition filed by the present owners of IPL team -Chennai Super Kings (CSK) ­ against Justice RM Lodha committee order suspending CSK from IPL, saying it was not a recognized franchise owner.
Following allegations of betting and match-fixing by IPL team officials, players and franchisee owners, the Supreme Court appointed a three member committee headed by Justice Mudgal on October 8, 2013. On February 9, 2014 the committee filed a report holding CSK team official Gurunath Meiyappan guilty of betting and concluding that India Cements Limited (ICL) breached IPL operational rules.
The present writ petition was filed by CSK Cricket Limited, which had purchased the IPL franchisee from India Cements. Noting that Justice Lodha committee did not afford it an opportunity of hearing, the company said the suspension should be revoked.
On Monday (December 14), arguing that the petition was not maintainable and could not be entertained by the high court BCCI's senior counsel AL Somayaji argued that nowhere either before the Supreme Court or before the Lodha Committee, India Cements had taken a stand that it was no more an owner of the IPL franchise.
Noting that the apex court had permitted aggrieved parties to work out their remedies before appropriate forums, Somayaji said CSK Cricket Limited was not an aggrieved party. "Therefore, at the behest of the CSK Cricket Limited, the high court should not go into the validity of punishment imposed by the Lodha Committee," he argued.
Nalini Chidambaram, senior advocate for Cricket Association of Bihar (CAB) which initiated criminal proceedings against CSK and others resulting in their suspension, said the writ petition of CSK Cricket Limited was not at all maintainable, as without impleading Justice Lodha Committee and without furnishing the report before the high court, the writ could not be entertained at all. It is very fundamental principle, Nalini Chidambaram argued.
She said the CSK's new owner could not be allowed to tarnish the character of the committee. as CSK Cricket Limited had levelled 'highly damaging critical remarks' about Justice Lodha Committee which comprised outstanding judicial minds of impeccable honesty, she said, adding that the committee had been accused of showing 'overwhelming inclination to punish' CSK and others and that it suffered from non-application of mind. It was accused of 'showing a strong element of bias' and its order was 'totally perverse and biased."
Senior counsel Dushyant Dave, representing CSK Cricket Limited, said his company had stepped into the shoes of India Cements and added that the question of impleading Lodha Committee did not arise, as it functioned on behalf of the BCCI.