Lodha panel's findings not cosmetic but fundamental: SC

Justice R M Lodha Committee's findings were "not cosmetic" but fundamental for laying foundations to enable BCCI to function in a "professional and transparent" manner to bring back cricket's pristine form, the Supreme Court today said.
While accepting most of the recommendations of Justice R M Lodha panel on administrative changes in BCCI, a bench of Chief Justice T S Thakur and Justice FMI Kalifulla said, "Need of the hour observed the Committee was not of making cosmetic changes but those that are fundamental for laying proper foundations on which BCCI could function in a professional and transparent manner bringing cricket back to its pristine form and restoring the confidence of cricketers and lovers of the game alike."

It noted that the panel circulated a questionnaire to all the stakeholders of the game and made interactions with 75 persons in India, including former captains, international and first class players, coaches, managers, administrators, journalists, lawyers, club owners, selectors and a former chief justice of a high court.
The court said that based on the interactions and responses received from various quarters, the panel identified the problem areas in BCCI's functioning and came to the conclusion that the apex cricketing body has been "suffering from many ills that had become endemic due to the apathy and involvement of those at the helm of the Board's administration".

"The Committee recorded a specific finding that the problems faced by BCCI have been compounded by the involvement /association of many high functionaries in the Central and State Governments some of whom had remained in charge of the administration of BCCI for several decades.
"It also came to the conclusion that many officials of the State Associations were holding power without any accountability and transparency by converting the Associations into personal fiefdoms," the court said.

The panel had found "inequities" as some states were over -represented in votes, tournament participation and central funding while others were made to "wait endlessly in the wings for indefinite period until favoured".

The bench said, "It (panel) found that cricket players,
who are sport's biggest drivers, had also not been spared from the apathy of BCCI as they were treated less like assets and more like employees and subordinates of those governing the game.
"The Committee found that the Indian Premier League which was a remunerative and glamourised component in India had unsavoury interference at the highest echelons of cricket and the overlapping and conflicting interests were not only condoned, but those in the management of the Board had made ex-post facto amendments to facilitate the same."
The bench said the panel has also recognised the hardwork of BCCI staff members and match officials who had ensured that hundreds of matches are organised annually at all levels and that updates are provided to keep the Board fully informed.

"Charity matches for national causes and humanitarian assistance is another area in which BCCI has been applauded by the Committee while stating that the Committee has consciously ensured that no measures are recommended that would limit or interfere with the good work being done on behalf of BCCI," it said.
The bench said the panel's report also indicated that while it was still in the process of hearing the concerned, BCCI's newly elected President had even without waiting for its report adopted and projected the committee's views as his roadmap for improving the Board's functioning.
"Some of those measures like uploading of Constitution and Bye Laws on the BCCI website, creating a policy for avoidance of Conflict of interest and appointment of Ombudsman had also been taken. The Committee, however, found that although these steps were in the right direction, the same were neither comprehensive nor substantive," it said.