BCCI at liberty to reconsider Jadeja's ban: Delhi HC

By Our Staff Reporter

NEW DELHI, OCT. 11. The Delhi High Court today said that the Board of Control for Cricket in India (BCCI) is at liberty to reconsider its decision to debar cricketers from playing cricket for indulging in match-fixing.

A Division Bench of the High Court comprising Mr. Justice Anil Dev Singh and Mr. Justice Madan B. Lokur made this observation during the hearing of a revision petition by the Board against a single-judge bench order of the High Court ruling that it was an agent of the State.

The single-judge bench had given this ruling on a civil writ petition by Mr. Ajay Jadeja, challenging the Board's decision to ban him from playing cricket for five years.

Mr. Justice Mukul Mudgal had dismissed the Board's preliminary objections to Mr. Jadeja's application on its maintainability ruling that the Board was an instrumentality of the State.

Mr. Justice Mudgal had ruled that Mr. Jadeja could seek a remedy from the court against the Board's decision under Article 226 of the Constitution which can be invoked by a citizen if his or her fundamental rights are encroached upon by the State.

The Board in its revision petition reiterated its earlier plea that it was not an instrumentality of the State, therefore, Mr. Jadeja does not have a locus standi to the challenge its decision under Article 226.

The Division Bench, however, refused to stay the single-judge bench's order. The matter is scheduled to come up for further hearing before Mr. Justice Mudgal on November 19.

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