BCCI seeks review of SC’s July 19 order, seeke recusal of CJI

New Delhi, Aug 16 (PTI) BCCI today filed a petition inSupreme Court seeking review of its July 18 verdict in whichit had accepted most recommendations of the R M Lodha panel onreforms in the cricketing body, saying the bench headed byChief Justice T S Thakur had "a prejudiced approach" againstit and he should recuse from hearing the matter. The BCCI also contended that the judgement was"unreasoned" and "seeks to frame legislative measures for aprivate autonomous society in a field already occupied bylegislations, both parliamentary and state". BCCI further said the judgment authored by the CJI andJustice F M I Kalifulla (since retired) has "neither noted thecontentions and facts correctly, nor dealt with the same". "The judgment is unconstitutional and contrary to manybinding precedents of this Court and adversely affects andnullifies the fundamental rights granted to citizens underArticle 19(1)(c) of the Constitution," it said, adding "thejudgment outsources judicial power to a committee of retiredjudges, which is impermissible in law." "The judgment is a nullity as the judges were functusofficio after passing of the main judgment of January 22, 2015and the matter could not have been revived suo motu as noprovision of law empowers the same and is contrary to thedoctrine of separation of powers and contrary to settled lawthat the judiciary cannot make laws," the plea said. However, the most important aspect of the reviewpetition, which also demanded an open court hearing, is theplea for recusal of the CJI from hearing it alleging thatthere has been a "prejudiced approach" against BCCI. "Chief Justice T S Thakur seems to have a prejudicedapproach to BCCI which is evident by statements such as ‘BCCItreatment’ is to be meted out to another entity i.e. the AllIndia Football Federation in another case, ex-facie shows thatthe Chief Justice has a closed mind and will summarily dismissthe review petition without listing the same before anotherbench of five judges for hearing in the open Court," it said.(More) PTI KHS ABA SJK MNL RKSARC