da esport bet： In a ruling that has widespread repercussions for cricket administration inIndia, the Supreme Court has upheld a Kerala High Court decision that theofficials of the Kerala Cricket Association (KCA) are public servants
Tariq Engineer01-Feb-2011
The ruling has implications for the BCCI and its officials as well•AFP
In a ruling that is likely to have widespread repercussions for cricket administration inIndia, the Supreme Court has upheld a Kerala High Court decision that theofficials of the Kerala Cricket Association (KCA) are public servants. Thecourt’s decision means that officials who are part of a private body, butperform what can be considered a public function, can now be tried under thePrevention of Corruption Act, 1988, which applies only to public servants.It is the first time the courts have taken such a view of sportsadministrators in India.A two-justice bench comprising Justice VS Sirpurkar and TS Thakur dismissedan appeal filed by the KCA president, TR Balakrishanan, and secretary, TCMatthew, who had challenged the High Court’s decision allowing them to beprosecuted under the act. The judges first heard the case on January 3,before adjourning it for three weeks as the association wanted more time tofile additional documents. The case was finally dismissed yesterday, withthe judges calling the High Court’s decision a ‘beautifully craftedjudgement’.Justice M Shashidharan Nambiar, who passed the High Court order, sought toestablish whether the officials fall under the definition of public servantas laid out in the act. The KCA had argued that it was a private bodysimilar to a club, and therefore did not come under the purview of the act.In its order, the High Court observed that the KCA had a monopoly on cricketin the state and performed a public duty and a public service, and so wasliable to be prosecuted under the act.”It [the decision] has far reaching consequences,” Matthew toldESPNcricinfo. “In sports associations, people may fight, and those who aredefeated may go to court. It opens a Pandora’s Box. People can takevengeance in vigilance courts. Nothing will progress. Honest people will notcome to work for associations like this.”One such association is the BCCI, of which the KCA is a member. The Indianboard has consistently held it is a private organisation and not accountableto the public, but the ruling opens the door for anyone to challenge itsofficials and those of other cricket associations around the country.The complainant, Balaji Iyengar , a chartered accountant and former Keralajunior cricketer, had filed the original complaint against the KCA in theVigilance Court two years ago. The court ruled in favour of the KCA, sayingits officials were not public servants, but Iyengar challenged the rulingin the High Court.”So far sports associations in India have had responsibility withoutaccountability,” Iyengar said. “Hopefully this will usher in an era ofresponsibility with accountability.”