2017 INSC 0072
SUPREME COURT OF INDIA

Board of Control for Cricket

   Vs.

Cricket Aasociation of Bihar & Ors.

C.A.No.4235/2014

(Dipak Misra,J., A.M.Khanwilkar and D.Y.Chandrachud,JJ.,)

24.01.2017

ORDER

1. When the matter was called today, as per the order dated 20th January, 2017, Mr. Kapil
Sibal, learned senior counsel appearing for some of the State Associations has submitted that
due to inadvertence, he could not suggest the names to be included in the Committee of
Administrators, when such liberty was granted in paragraph 25(vi) of the order dated 2nd
January, 2017. For the sake of convenience, the said paragraph is reproduced below:-

"25(vi)This Court shall by a separate order nominate the persons who shall form part
of the Committee of administrators. In order to enable the Court to have the benefit of
objective assistance in making the nominations, we request Mr Fali S Nariman,
learned Senior Counsel and Mr Gopal Subramaniam, the learned Amicus Curiae to
assist the Court by suggesting names of persons with integrity and experience in
managing a similar enterprise. We request the learned Counsel appearing on behalf of
the parties to also place their suggestions before the Court so as to facilitate a
considered decision."

2. Be it noted, earlier on the learned Amicus Curiae and Mr. Anil B. Divan, learned senior
counsel had suggested certain names for the Committee of Administrators for the BCCI. We
had opened the sealed cover on the last occasion and, thereafter, got it sealed again so that
we can choose the names for nomination of the Committee of Administrators. However, as
leave was granted to the learned senior counsel, we do not intend to curtail the said right.
At this juncture, Mr. Mukul Rohatgi, learned Attorney General for India has submitted that
the Central Government may be permitted to suggest certain names so that a Committee
having a holistic approach can be constituted.

3. Having heard Mr. Rohatgi, learned Attorney General and Mr. Sibal, learned senior counsel
for some of the State Associations, we permit them to suggest names for Committee of
Administrators for the BCCI in a sealed cover. However, it is hereby made absolutely clear
that the names that will be suggested should be in consonance with the principal judgment
and the subsequent orders passed thereafter. If any one suffers from any kind of

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disqualification, that shall not be suggested to and considered by this Court. After the names
are submitted in a sealed cover, this Court, keeping in view, the names given by Mr. Anil B.
Divan and Mr. Gopal Subramaniam, learned Amicus Curiae and the names to be given by
Mr. Mukul Rohatgi and Mr. Kapil Sibal, shall constitute a Committee of appropriate number
of members to do the needful. At this juncture, Mr. Arvind P. Datar, learned senior counsel
appearing for the BCCI has submitted that there is a meeting of the Executive Committee of
the ICC in the first week of February, 2017. According to Mr. Datar, the said meeting is to be
attended by one nominee from the BCCI. The said position is not disputed by Mr. Gopal
Subramaniam, learned Amicus Curiae assisting the Court.

4. In view of the aforesaid, we permit Mr. Datar to give three names in a sealed cover after
following the due process and, needless to say, the names that will be given should not be
disqualified under the principal judgment or any of the orders of this Court.

5. Let the names by Mr. Mukul Rohatgi, learned Attorney General and Mr. Kapil Sibal,
learned senior counsel for the Committee of Administrators for the BCCI and Mr. Arvind P.
Datar, learned senior counsel for the BCCI for a nominee to attend the meeting of the ICC,
be given by 27th January, 2017.

6. The documents that have been filed by the learned Amicus Curiae be kept in a sealed
cover.

7. Let the matter be listed at 3.00 p.m. on 30th January, 2017.

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