SC rejects Lalit Modi’s plea seeking BCCI to pay ED-imposed FEMA penalty
THE JHARKHAND STORY DESK New Delhi, June 30: The Supreme Court on Monday dismissed former cricket administrator Lalit Modi’s attempt to…
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THE JHARKHAND STORY DESK
New Delhi, June 30: The Supreme Court on Monday dismissed former cricket administrator Lalit Modi’s attempt to make the BCCI liable for a ₹10.65 crore penalty imposed on him by the Enforcement Directorate (ED) for violations under the Foreign Exchange Management Act (FEMA).
A bench comprising Justices P S Narasimha and R Mahadevan clarified that Modi is free to pursue civil remedies as per applicable legal provisions.
The plea, which had earlier been thrown out by the Bombay High Court in December 2023, sought an order directing the BCCI to indemnify him based on the board’s bylaws. Modi had argued that the financial burden imposed by the ED arose during his tenure as BCCI vice president and as chairman of the IPL governing council, a sub-committee of the cricket board.
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However, the Bombay High Court had strongly rejected his claim, calling the petition “frivolous and wholly misconceived,” and imposed a cost of ₹1 lakh, directing the amount to be paid to Tata Memorial Hospital within four weeks. The High Court had stressed that the penalty had been levied personally on Modi by the adjudicating authority under FEMA, and the BCCI had no legal obligation to bear it.
Additionally, the High Court cited a 2005 Supreme Court ruling which clarified that the BCCI is not considered a ‘state’ under Article 12 of the Constitution. Therefore, no writ could be issued against it for such matters. The court underlined that the case did not involve any public function requiring judicial intervention through a writ.
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Despite the earlier apex court ruling, Modi filed the current petition in 2018, which the High Court viewed as a disregard for settled legal principles. The Supreme Court’s order now puts an end to Modi’s pursuit of relief through constitutional writ jurisdiction in this matter.
