Row over ombudsman: SC to reconstitute panel for HCA, seeks names of ex-players, others

The Supreme Court said on Wednesday that it would reconstitute the committee to oversee the functioning of the Hyderabad Cricket Association (HCA) and sought names of former players, judges for this purposes, saying the team will win if the panel “focuses on players” and does not indulge in politics.

HCA president and former India captain Mohammad Azharuddin and the secretary of the cricket body, R Vijayanand, and the factions led by them are opposed to each other over the appointment of former apex court judge Justice Deepak Verma as the ombudsman.

Also Read: HCA Apex Council suspends its own president Azharuddin, cricketer calls it vendetta

“If the committee focuses on players, it (team) will win and if you engage in politics then it will not. Now, the court has started interfering so you are focussing on the game” said the bench headed by Chief Justice NV Ramana.

“Give names of some people who are familiar with the game. Alright you give names of players and others who have nothing to do with politics... we will appoint the committee,” the bench, also comprising justices AS Bopanna and Hima Kohli, said.

Senior advocate Rakesh Khanna, appearing for one of the parties, said that the staffers of the HCA are not getting salary as the secretary has not been signing the cheques as asked by the top court in its last order on October 27.

“That is why, we asked you to give the names,” the bench said.

The top court, on October 27, had asked HCA president Azharuddin and the secretary to “jointly” sign cheques to ensure that the day-to-day functioning of HCA is not hampered for the time being.

Also Read: Azharuddin questions timing of Kohli-Rohit's break, causes massive uproar

It had also issued notices on appeals filed by the Hyderabad Cricket Association and its member ‘Budding Star Cricket Club’ against an order of the Telangana High Court.

The top court had passed a consent order to ensure smooth functioning of the HCA and had said, “Till these matters are finally heard by this Court, and with the consent of the parties, we deem it appropriate to direct both the President and the Secretary of the Hyderabad Cricket Association to jointly sign the cheques so that the day-to-day functioning of the Association is not hampered for the time being.”

Prior to this, the top court had expressed strong displeasure over the functioning of faction-ridden HCA and the row on the issue of appointment of the ombudsman and had said that it will order an inquiry into the whole issue by a former apex court or high court judge.

“Cricket has gone somewhere else and politics has taken precedence,” the bench had said, adding “We will appoint some good people, some retired judges of the Supreme Court or the High Court to conduct an inquiry. Let both the groups (of HCA) go...They will have to go out of the management. This needs a CBI inquiry. They want to drag even the judiciary.”

It had asked ombudsman Justice Verma not to pass any order since his tenure has already come to an end.

The Hyderabad Cricket Association and its member ‘Budding Star Cricket Club’ have filed the appeals against the order of the Telangana High Court which upheld the appointment of the ombudsman by Azharuddin and others of the HCA.

The high court, in its judgement of April 6, had set aside an order of a Hyderabad civil court to suspend the decision of the apex council of the HCA to appoint Justice Verma as Ombudsman-cum-Ethics Officer of the HCA.

While upholding the appointment of Justice Verma, the high court had severely faulted the HCA secretary, R Vijayanand, for “playing fraud to abuse the process of the court”.

The HCA has been divided over the appointment of Justice Verma as the ombudsman and a case was filed in the civil court by one ‘Budding Star Cricket Club’, which is affiliated to the HCA.

It was contended before the lower court that the resolution of the HCA apex council, in appointing Justice Verma, was without the authority of law.

It had contended that the decision of appointment could only be taken at the annual general body. Following this, the civil court had suspended the appointment of Justice Verma.

In revision, the Charminar Cricket Club, also affiliated to the HCA, contended in the High Court that the petitioner was in collusion with HCA secretary Vijayanand and was lacking in bona fides.

The High Court set aside the city court’s decision and had come down heavily on the secretary of the HCA while terming the litigation against the appointment of the ombudsman as a “collusive” one.

“It is clear that the Secretary of the 2nd respondent (HCA), having agreed to the appointment of Justice Deepak Verma as Ombudsman and Ethics Officer in the meeting of the Apex Council held on June 6, 2020, which was ratified in the subsequent meeting of the Apex Council held on August 13, 2020, tried to sabotage the said appointment by setting up the 1st respondent to file the O.P. giving the incorrect address of 2nd respondent...,” the high court had said.

It is clear that HCA Secretary, has agreed to a particular decision in the Apex council meeting, later “clandestinely” arranged another meeting on the same behind the back of the President Mohammed Azharuddin, got passed another resolution and deliberately misled the court below in getting the appointment of ombudsman stayed, the high court had said.

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