Supreme Court Modifies ‘Cease and Desist’ Order Against BJP MP Anurag Thakur, Allows Him To Participate In BCCI Affairs
The Bench passed the order after hearing Thakur’s application to modify a 2017 order that had effectively barred him from BCCI for nearly a decade.
The Supreme Court, today, has lifted the long-standing ban on Bhartiya Janta Party's Member of Parliament Anurag Thakur, clearing him to return to the office of the Board of Control for Cricket in India (BCCI).
An application was filed by Anurag Singh Thakur seeking modification of the order dated January 2, 2017, by which the Court directed Thakur, the then President of BCCI and Ajay Shirke, the then Secretary, BCCI, to forthwith cease and desist from being associated with the working of BCCI.
The Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi ordered, "Upon perusal, we find this a fit case to apply the Doctrine of Proportionality to hold that this court did not intend to impose s life long ban and neither that is that warranted. Applicant, Mr. Anurag Thakur, has already tendered an unconditional apology, which has been accepted by this Court. Thus, we modify Para 25(ii) of order dated 2nd January, 2017, to the extent that Shri Anurag Singh Thakur shall be free to participate in the affairs of BCCI as per rules and regulations."
Senior Advocate PS Patwalia appeared for Thakur, while Senior Advocate Gopal Sankarnarayanan appeared for the Secretary of the Lodha Committee.
Patwalia argued that the ban had already spanned nine years and was causing "serious hardships" to Thakur. Highlighting that Thakur had already tendered an unconditional apology to the court, the bench applied the "principle of proportionality" to justify recalling the previous order.
The 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. On July 14, 2017, the Court granted relief to Thakur and dropped the contempt and perjury proceedings against him after he tendered an unconditional and unequivocal apology to it in person.
Vide Order dated January 2, 2017, the Supreme Court had ordered, "We accordingly have arrived at the conclusion that Mr Thakur has by his actions and conduct rendered himself unfit for continuance as President of BCCI, for the following reasons: Firstly, he has obstructed and impeded the implementation of the directions contained in the judgment and order of this Court dated 18 July 2016. His own version is that he has been “rendered totally incapable and without any authority” to compel the members to comply with the orders of this Court. This is indicative of his having washed his hands off a duty and obligation to ensure compliance. Secondly, we are prima facie of the view that Mr Thakur is liable to be proceeded with for contempt of court for having obstructed and impeded the orders of this Court. Thirdly, prima facie we are of the view that Mr Thakur has made statements on affidavit before this Court which are false to his knowledge. A notice to show cause should be issued to Mr Thakur why he should not be proceeded with under Section 195 read with Section 340 of the Code of Criminal Procedure,1973, for having made false statements before this Court."
Accordingly, the Court allowed the application.
Cause Title: Board Of Control For Cricket In India v. Cricket Association of Bihar & Ors. [C.A. No. 4235/2014]