JUDGEMENT
ASHOK BHUSHAN,J. -
(1.) The sports occupy a prominent place in life of a man/woman and also in the life of a nation. It not only gives physical or moral strength to a personality but spread the message of goodwill and friendship. In the 21st Century the countries have come closer and nearer to each other and sports have become a medium of bonds. United Nations Educational and Cultural Organisation adopted in the General Conference at the twentieth session, Paris, 21st November, 1978 an International Charter of physical education and sports. The Charter contains following:
"......... Convinced that to preserve and develop the physical, intellectual and moral powers of the human being improves the quality of life at the national and the international levels, Believing that physical education and sport should make a more effective contribution to the inculcation of fundamental human values underlying the full development of peoples, Stressing accordingly that physical education and sport should seek to promote closer communion between peoples and between individuals, together with disinterested emulation, solidarity and fraternity, mutual respect and understanding, and full respect for the integrity and dignity of human beings,........."
(2.) Article 10 of the Charter recognizes the importance of National institutions in sports. Article 10 states:
"Article 10. National institutions play a major role in physical education and sport
10.1. It is essential that public authorities at all levels and specialized nongovernmental bodies encourage those physical education and sport activities whose educational value is most evident. Their action shall consist in enforcing legislation and regulations, providing material assistance and adopting all other measures of encouragement, stimulation and control. The public authorities will also ensure that such fiscal measures are adopted as may encourage these activities.
10.2. It is incumbent on all institutions responsible for physical education .and sport to promote a consistent, overall and decentralized plan of action in the framework of lifelong education so as to allow for continuity and coordination between compulsory physical activities and those practised freely and spontaneously."
(3.) Cricket, it is said, is a synonym for gentlemanliness which means discipline, fair play, modest and high standard of morality. The ever increasing interest in the game of Cricket in our country has raised issues of its regulation, control and management. In our country the Board of Control for Cricket in India (BCCI), a registered Society under the Societies Registration Act, 1860, exercises sufficient control on all aspects of game of Cricket and has framed various Code of Conduct for all who are associated with it. Highlighting the importance of BCCI, Justice T.S. Thakur, as he then was, in Board of Control for Cricket in India vs. Cricket Association of Bihar and others, (2015) 3 SCC 251, stated following:
"103. BCCI is a very important institution that discharges important public functions. Demands of institutional integrity are, therefore, heavy and need to be met suitably in larger public interest. Individuals are birds of passage while institutions are forever. The expectations of the millions of cricket lovers in particular and public at large in general, have lowered considerably the threshold of tolerance for any mischief, wrongdoing or corrupt practices which ought to be weeded out of the system." ;
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