The Supreme Court on Tuesday deferred taking a decision on a review petition filed by the BCCI seeking a review of its July 18 verdict upholding the Justice R. M. Lodha committee reforms in cricket administration.
The petition was listed before Chief Justice of India, T. S. Thakur, and Justice S.A. Bobde at 1.50 p.m. in their chambers. Both judges are part of the seven-judge Constitution Bench which began hearing the Hindutva judgment appeals on whether religion can be used to garner electoral gains.
A decision on the petition has been deferred by two weeks. The BCCI has sought a review of the judgment delivered by a Bench, led by Chief Justice Thakur and wants a five-judge Constitution Bench to hear its review petition. The Board does not want Chief Justice Thakur to be part of the Review Bench.
This is an extraordinary request as an ordinarily review involves the Bench — if one of the judges have retired as in this case Justice F. M. I. Kalifulla — at least one of the judges who was part of the original Bench. This review petition had followed legal advice rendered by former Supreme Court judge Justice Markandey Katju in his interim report to the Board that the July 18 verdict smacked of judicial overreach and was thus unconstitutional.
The BCCI has contended that the judgement was "unreasoned" and "seeks to frame legislative measures for a private autonomous society in a field already occupied by legislations, both parliamentary and State".
"The judgment is unconstitutional and contrary to many binding precedents of this Court and adversely affects and nullifies the fundamental rights granted to citizens under Article 19(1)(c) of the Constitution," the petition contended.
It said "the judgment outsources judicial power to a committee of retired judges, which is impermissible in law".
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