Madras HC stays order of imposing case cost on Ex BCCI chief

The Madras High court has stayed the single judge order imposing a case cost of Rs 25,000 on former Board of Control for Cricket in India (BCCI) President A C Muthiah, who had questioned the propriety of BCCI Secretary N Srinivasan owning the Chennai franchisee of the Board.

Admitting the appeal petition filed by Mr Muthiah, Division Bench comprising Justices K Raviraja Pandian and Justice P P S Janarthana Raja granted the interim relief to the industrialist after senior advocate Ms Nalini Chidambaram submitted that Mr Muthiah moved the court only to "uphold the probity in the activities of the BCCI and to establish that the power of amendment has been abused by a public body to protect the interest of an individual." Mr Muthiah had alleged that as BCCI Treasurer, Mr Srinivasan, flouted rules when he bid for the Chennai team of the Board’s Indian Premier League(IPL).

The Board later amended the rules excluding Mr Srinivasan from the ambit of the rules to enable him to contest for BCCI Secretary post, he claimed.

On July 13, Justice K Chandru declined to interfere in the BCCI affairs, dismissed the application and imposed a cost of Rs 25,000 on Mr Muthiah.

Assailing that order, Mr Muthiah said the court could not refuse to exercise the power of judicial review and adopt a self-imposed policy of judicial restraint in the matter of management of public bodies.

Noting that amendment to Clause 6, 2 and 4 was made with the private interest of Mr Srinivasan in mind, he said the move suffered from the vice of malice in law.

"The single judge failed to appreciate that confidence of the public will be shaken if persons, who use undue influence in public bodies to bend the law to suit their private interests, are allowed to hold influential positions in public bodies," he added.

Mr Muthiah wanted the bench to set aside the single judge order and to stay his direction to him to pay a case cost of Rs 25,000.

The bench also ordered notice to Mr Srinivasan, returnable within two weeks.