Former Union minister and ex-BCCI president Anurag Thakur has moved the Supreme Court seeking modification of an earlier order directing him to cease and desist from participating in the cricket board’s affairs. The bench agreed to hear the plea.
NEW DELHI: Former Union minister and ex-BCCI president Anurag Thakur has approached the Supreme Court to request a modification of a previous ruling instructing him to “cease and desist” from involvement in the affairs of the cricket board.
A bench led by Chief Justice of India (CJI) Surya Kant and Justice Joyamalya Bagchi has agreed to hear the petition in two weeks.
Senior advocate PS Patwalia, representing Thakur, informed the bench that on January 2, 2017, the Supreme Court had ordered the former minister to immediately “cease and desist” from any association with the operations of the Board of Control for Cricket in India (BCCI) and initiated contempt and perjury proceedings against him.
Background of the case
The Supreme Court stepped into the functioning of the Board of Control for Cricket in India (BCCI) following serious concerns over corruption and administrative failures, particularly those linked to the Indian Premier League. To reform cricket administration, the Court constituted a three member committee headed by former Chief Justice R.M. Lodha to propose institutional changes.
The Lodha Committee recommended sweeping reforms aimed at strengthening transparency and accountability. These included the “one-state-one-vote principle”, “fixed tenures for office-bearers”, “age and post-holding restrictions”, “appointment of an independent auditor”, and other governance safeguards. In July 2016, the Supreme Court accepted most of these recommendations and directed their implementation by the BCCI.
Anurag Thakur, who assumed office as BCCI president in May 2016, opposed several of these reforms. The Court noted continued resistance and delay by the BCCI in complying with its directions. The situation escalated when Thakur’s administration approached the International Cricket Council (ICC), suggesting that certain reforms such as the inclusion of a Comptroller and Auditor General nominee could be perceived as governmental interference, which ICC regulations discourage.
On 2 January 2017, a three judge bench of the Supreme Court removed Anurag Thakur from the BCCI presidency and ordered him to refrain from any involvement in the Board’s affairs. Simultaneously, the Court issued a show-cause notice initiating contempt of court and perjury proceedings against him.
The Court alleged that Thakur had submitted an affidavit containing misleading statements regarding correspondence with the ICC chairman. It was claimed that the affidavit falsely suggested efforts to obtain ICC backing, thereby misleading the Court and obstructing the reform process. Under Indian law, perjury making false statements under oath constitutes a serious criminal offence.
The Supreme Court observed, on a prima facie basis, that Thakur may have hindered the implementation of reforms by misrepresenting facts, misleading the Court about ICC communications, and repeatedly defying judicial directions. The bench cautioned that failure to accept responsibility could expose him to prosecution and possible imprisonment for perjury.
Initially denying any wrongdoing, Thakur later tendered an unconditional and unequivocal apology before the Supreme Court between 6 and 14 July 2017, asserting that he had no intention to mislead the Court.
Accepting this apology, the Supreme Court decided to drop the contempt and perjury proceedings, bringing that phase of the litigation to an end, while allowing the “cease and desist” order relating to his role in BCCI to continue.
Patwalia stated,
“That order was passed without hearing me. This court, however, dropped the contempt and perjury proceedings. Now, I am seeking that this ‘cease and desist’ direction be modified,”
The bench indicated that the matter would be reviewed in two weeks and that other petitions and applications related to the BCCI would be addressed in three weeks. It instructed senior advocate Maninder Singh, appointed as amicus curiae for the case, to categorize all intervention and interlocutory applications by issue and present them to the court accordingly.
The apex court had remarked while issuing a show cause notice to Thakur,
“The conduct of the President of BCCI in seeking a letter from the President of ICC in August 2016 after the final judgment and order of this court is nothing but an attempt on the part of the head of BCCI to evade complying with the order of this court,”
On July 14, 2017, the Supreme Court granted relief to Thakur by dismissing the contempt and perjury proceedings after he presented an unconditional and unequivocal apology to the court in person.