JUDGEMENT
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(1.) This proceeding is a sequel to the order and directions issued on 21 October 2016. In the previous order of this Court, the status report submitted
by the three member Committee (consisting of Justice R M Lodha, Justice Ashok
Bhan and Justice R V Raveendran) was taken up for consideration.
(2.) The Committee was tasked with overseeing the implementation of the judgment and order of this Court dated 18 July 2016. The judgment of this Court
has attained finality. Review and Curative petitions have also been dismissed. By
its judgment, this Court has accepted the recommendations made by the
Committee in a report dated 18 December 2015 providing for reforms in the
structure, organization and working of BCCI. Such an exercise is necessary in
order to make the functioning of BCCI transparent, objective and accountable to
the trust with which it is impressed, as a body which presides over the affairs of a
sport which has millions of followers. This Court had by its judgment expressed
the hope that the process of implementing its directions would be completed
within a period of four months or, at best, six months. The status report submitted
by the Committee recorded that the directions of this Court were ignored, actions
were taken by BCCI to present a fait accompli to the Committee and the
directives issued by the Committee were breached. The Committee observed
that BCCI has repeatedly taken steps to undermine its authority and this Court
with several statements and actions which "are grossly out of order and would
even constitute contempt".
(3.) On 7 October 2016, while taking note of the status report submitted by the Committee, this Court recorded the following prima facie findings :
"... The sequence of events.. since 18th July, 2016 and referred to in the status report prima facie give an impression that BCCI has far from lending its fullest cooperation to the Committee adopted an obstructionist and at times a defiant attitude which the Committee has taken note of and described as an impediment undermining not only the Committee but even the dignity of this Court with several statements and actions which according to the Committee are grossly out of order and may even constitute contempt". ;
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