Page 1 of 1
Cricket officials are public servants, rules India's Supreme
Posted: Wed Feb 02, 2011 12:25 pm
by BallOil
In a ruling that is likely to have widespread repercussions for cricket administration in India, the Supreme Court has upheld a Kerala High Court decision that the officials of the Kerala Cricket Association (KCA) are public servants. The court's decision means that officials who are part of a private body, but perform what can be considered a public function, can now be tried under the Prevention of Corruption Act, 1988, which applies only to public servants. It is the first time the courts have taken such a view of sports administrators in India.
A two-justice bench comprising Justice VS Sirpurkar and TS Thakur dismissed an appeal filed by the KCA president, TR Balakrishanan, and secretary, TC Matthew, who had challenged the High Court's decision allowing them to be prosecuted under the act. The judges first heard the case on January 3, before adjourning it for three weeks as the association wanted more time to file additional documents. The case was finally dismissed yesterday, with the judges calling the High Court's decision a 'beautifully crafted judgement'
=http://www.espncricinfo.com/india/cont ... 0.htmlmore
Re: Cricket officials are public servants, rules India's Sup
Posted: Fri Feb 04, 2011 7:29 pm
by POINT
I hope that the Courts in the Region would say the same to the WICB what leapt out of the first paragraph to me was this " " THE COURT'S DECISION MEANS THAToFFICIALS WHO ARE PART OF A PRIVATE BODY , BUT PERFORM WHAT CAN BE CONSIDERED A PUBLIC FUNCTION , CAN NOW BE TRIED UNDER THE PREVENTION OF CORRUPTION ACT ."
I recall , that the Patterson Report stated that " THERE IS A DISCONNECT WHEN A PRIVATE COMPANY IS IN THE GOVERNANCE OF A PUBLIC SPORT " . I wholeheartedly agree with that statement . The WICB however is adamantly against anyone looking over its shoulder .
This then begs the question , HOW ARE WE TO KNOW THAT THE WICB IS DOING BTHE RIGHT THING ???? . Hell , the signing of the DIGICEL Contract , and its current repercussions is a classic case in point .
The very fact that the Contract was not left to the incoming President to peruse before signing , tangibly demonstrates to me that the WICB is not a Real Business Entity , because that was a real amateurish move .
As a result of that amatuerish move , the WICB has now had to dig into its Coffers to sponsor the Regional Tournaments , which ,as we are well aware, had Sponsors . I am of the view that the money that the WICB has used so far in Sponsoring the Regional Tournaments , if these Tournaments had other Sponsors , could have been spent to improve Cricket in the Region ,
although , I wouldnt hold my breath that it would do that .
Re: Cricket officials are public servants, rules India's Sup
Posted: Sat Feb 05, 2011 9:22 pm
by mapoui
this is precisely what I argued recently..that the public in the westindies could use the courts to rein in the wicb.
the very same thing. I had no ide that indian people had taken the initiative in this! bully for them.
Bally what was that thread again...where I argued for using the courts against the wicb?