In a relief to former BCCI president and senior BJP leader Anurag Thakur, the Supreme Court on Thursday paved the way for his association with the board as it modifies its January 2017 order that barred him from participating in the affairs of the cricket body.A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi said Thakur was free to participate in the affairs of the BCCI according to rules and regulations.On January 2, 2017, the top court had directed Thakur, the then president of the Board of Control for Cricket in India (BCCI), to forthwith “cease and desist” from being associated with the working of the board.Acting on an application filed by the former union minister seeking modification of the 2017 order, the Bench applied the doctrine of proportionality and modified its earlier direction.“We find it a fit case to apply the doctrine of proportionality, so as to hold that neither this court intended to impose a lifelong ban nor, in the facts and circumstances of this case, such a severe embargo is otherwise warranted,” the Bench said, noting that Thakur has remained disassociated from the working of the BCCI for a period of over nine years. Thakur had earlier tendered an unqualified apology which was accepted by the apex court, it noted.The order came after senior advocate PS Patwalia submitted on behalf of Thakur that the order requiring Thakur to cease and desist from being associated with the working of the BCCI cannot be for life. “Everything fell on me (Thakur) because I was the president (of BCCI). I am only saying this can’t continue forever,” Patwalia said, adding the order has continued for more than nine years and if not lifted, it would cause hardship and prejudice to Thakur.The top court had initiated contempt and perjury proceedings against Thakur on January 2, 2017, for filing a false affidavit regarding writing to the then International Cricket Council (ICC) chairperson Shashank Manohar on the issue of the BCCI’s autonomy.“The conduct of the President of BCCI in seeking a letter from the President of ICC in August 2016 after the final judgement and order of this Court is nothing but an attempt on the part of the head of BCCI to evade complying with the order of this Court,” the top court had said, while issuing a show cause notice to Thakur.On July 14, 2017, the top court dropped the contempt and perjury proceedings against Thakur after he tendered an unconditional and unequivocal apology to it in person.The top court had earlier set up a committee headed by former CJI Justice RM Lodha to suggest reforms in the BCCI, including framing of a constitution for the cash-rich cricket body. It had accepted the recommendations made by the committee providing for reforms in the structure, organisation and working of the BCCI.
