QUESTIONING Lodha Committee’s fresh clarifications, Cricket Association of Bengal (CAB) legal advisor Ushanath Banerjee pleaded for a review saying it made a clear departure from the earlier stand and misconstrued the order.
In a second set of FAQs, the Justice Lodha Committee made it clear that former captain Sourav Ganguly would have to undergo a compulsory cooling-off period of three years after competing three years at the state association as secretary and president.
It was also clarified that total tenure in cricket administration (state+BCCI) will be nine years cumulative and not 18 years as it was mentioned earlier.“Having highest respect towards the Hon’ble Supreme Court Committee and their valued decision making processes, with utmost humility, I believe that such fresh modus as informed on January 12, 2017 is not merely a complete departure from the prudent stand of qualifying the “disqualifications”, but also misconstruing the expression “OR” in the solemn order of January 3, 2017 of the Hon’ble Apex Court.
“Following the basic fundamentals of such restrictive ‘cumulative’ period of administration either in the BCCI or in any State Association, the disqualification after completion of ‘9 years’ was clarified and explained by the Hon’ble Supreme Court Committee vide Answers to Question Nos. 1, 2, 5 -8 of the FAQs dated 6.9.2016 to be applicable mutatis mutandis (meaning thereby ‘things being changed that ought to be changed’) to the “Office Bearers”/Members” of the Governing Bodies of the State Associations as well.
In answer to the Question No. 8 of the said FAQ, it was further clarified that “the 9 years bar applies ‘either’ to office under the BCCI ‘or separately’ in State Associations’ and more particularly “The period as office bearer of the State Association shall not be counted towards the period as office bearer of the BCCI and vice versa’ and further that “technically one can be an office bearer at the State Association for 9 years and separately an office bearer/councillor at the BCCI for another 9 years, subject to cooling off period after each Term”.
There was neither any ambiguity at all in such clarifications and the applicability of the disqualifications after 9 years related to the BCCI and the State Associations independently and not conjointly, nor any deviation of the final order of 18th July 2016 and/or the recommendations.”
“I would humbly state that construing the word “OR” as “AND” is misreading resulting severe adverse implication,” Banerjee wrote in his statement to PTI.“As a law student, I’m unable to grasp how could the honourable Committee consisting one of the most respected former Chief Justice of India and esteemed honourable Judges of the Apex Court could arrive at such decisions-making making process,” the senior advocate of West Bengal government asked.