India Cements Ltd Vice-Chairman and Managing Director N. Srinivasan offered an “unconditional apology” to the Supreme Court on Friday for chairing a meeting of the Working Committee of the Board of Cricket Control of India on February 8, 2015, despite a January 22 judgment finding him liable for conflict of interest.

A Bench of Justices T.S. Thakur and F.M. Ibrahim Kalifulla accepted Mr. Srinivasan's apology but barred him from presiding or participating in any decision making at the Annual General Meeting scheduled on March 2.

The court however gave Mr. Srinivasan limited access to cast vote on behalf of the Tamil Nadu Cricket Association (TNCA) as its nominee in the BCCI elections, also fixed on March 2.

The court made it clear that it was allowing Mr. Srinivasan to act as “medium” for TNCA for the sole reason of protecting the association's right to vote.

The bench observed that the bar on Mr. Srinivasan to preside or participate in any decision making as a cricket administrator would continue “till such time as the judgment of this court prevents him from doing so”.

The Supreme Court on January 22 had held Mr. Srinivasan liable for conflict of interest but cleared him of any cover-up in the IPL betting and spot-fixing scandal.

This judgment struck down an amendment to Rule 6.2.4 which allowed cricket administrators to have commercial interests. It further barred persons with commercial interests in BCCI events, including Mr. Srinivasan, from contesting in elections until they had shed their financial stakes or were cleared by a Supreme Court-committee led by former Chief Justice of Inda R.M. Lodha, “whichever is later”.

The bench then closed the contempt proceedings initiated on the basis of a petition filed by Cricket Association of Bihar, represented by senior advocate Nalini Chidambaram, alleging that Mr. Srinivasan and BCCI officials held the February 8 meeting in “open defiance” of the court verdict. The contempt petition had alleged that Mr. Srinivasan may even preside over the AGM on March 2 as BCCI president.

The hearing started with senior advocate Kapil Sibal, appearing for Mr. Srinivasan, declaring that “he (Mr. Srinivasan) will not chair the March 2 meeting”.

“But why did you preside over the February 8 meeting... you are supposed to explain that,” Justice Kalifulla asked.

“Are you saying that you chaired that meeting over some misunderstanding?” Justice Thakur queried.

Mr. Sibal responded with a simple “I am sorry. I just want to say that”.

“That's what we wanted too. Now we shall say he presided in the past meeting on a bonafide mistake without intention. And looking back, he says he should not have done that. Is it not?” Justice Thakur asked Mr. Sibal.

But Ms. Chidambaram submitted that Mr. Srinivasan's apology was not enough. “He has only apologised for presiding and not participating in the February 8 meeting. Participation also invites contempt,” the senior counsel submitted.

Ms. Chidambaram pointed out that Mr. Srinivasan could still participate in the March 2 AGM as TNCA president and this cannot be permitted in the light of the January 22 judgment.

But bench objected to the line of argument, saying that Mr. Srinivasan was only going to the AGM to cast TNCA's vote as its nominee and not as its president. Besides, the court reminded Ms. Chidambaram that Mr. Srinivasan has already undertaken to not take part in any decision-making process.

“Why do you have to make a fuss?” Justice Kalifulla asked Ms. Chidambaram.

“We find no reason to deny to TNCA its right to exercise its right to franchise,” Justice Thakur said in the order.

Source: TH