BCCI-EXPERTS 2 LAST

The senior advocate added that constitution bench has The senior advocate added that constitution bench hasearlier held that merely because a non-governmental bodyexercises some public duty that by itself would not suffice tomake such body a state for the purpose of Article 12. Chaudhari said "The Supreme Court cannot rewrite theconstitution of BCCI. Only the General Body of the BCCI islegally and statutorily competent to amend its constitutionand that too in the manner and in accordance with theprocedure laid down in the constitution of the BCCI. Goel, however, said that there is no necessity of anyjudicial body for reforming BCCI. In fact such reform can bebetter undertaken under the leadership of experts (sportspeople) having equal or more credibility. "Court is entitled to look into it as it involves publicinterest and public money is also involved. If court findsthat some steps are required to be taken either government/sports ministry can be asked to formulate such steps throughwhatever agency whether a judicial committee," he said. Goel further said that it is not for the BCCI to directlyappoint but for the government to bring forth the committee. He said that Katju appointed by the BCCI to head afour-member panel to "advise and guide" it on the July 18 apexcourt verdict should not have accepted to act on behalf ofcricket body and not entitled under Article 124 (7) of theConstitution. On August 16, BCCI had filed a petition in Supreme Courtseeking review of its July 18 verdict saying the bench headedby Chief Justice T S Thakur had "a prejudiced approach"against it and he should recuse from hearing the matter. The BCCI has also contended that the judgement was"unreasoned" and "seeks to frame legislative measures for aprivate autonomous society in a field already occupied bylegislations, both parliamentary and state". PTI MNL SJK RKSZMNRCJ