NDTV: New Delhi: Friday, July 13, 2018.
Why should
cricket controlling body of the country, the BCCI, be not answerable under the
RTI Act in light of various judicial orders and a recent law commission report,
the Central Information Commission has directed the sports body and the
Ministry of Youth Affairs and Sports to explain.
"It is
the responsibility of the CIC to put an end to this prolonging uncertainty
which makes the BCCI non-transparent and unaccountable without any moral
backing and legal reasoning," Information Commissioner Sridhar Acharyulu
said.
The matter
came before him as Ministry of Youth Affairs and Sports did not give a
satisfactory response to an RTI applicant, Ms Geeta Rani, who had sought to
know the provisions and guidelines under which the BCCI has been representing
India and selecting players for the country.
The applicant
also asked whether the players selected by BCCI are playing for India or for
the association, how can a private association represent the country
internationally, what is the benefit of the government in giving rights and
authority to BCCI to represent the country in international tournaments among
others, through the 12-pointer RTI application.
The ministry
claimed it has no information available and since BCCI has not been declared as
public authority under the RTI Act, hence the RTI application could not be
transferred to the BCCI.
Under
secretary in the ministry Mr Arun Kumar Singh submitted during the hearing that
the law commission calling BCCI as public authority is still under examination.
After
perusing records presented by the ministry, Mr Acharyulu said it becomes
important to hear whether the BCCI is answerable under the RTI Act.
"Her
question whether it is 'a Team India' or 'Team BCCI', raises an issue of
exclusive authorisation of the BCCI to select team for India. In fact, this
exclusiveness of authorisation created a monopoly in favour of federal body of
sports for cricket called the BCCI and because of which all its wealth is
created," he said.
Mr Acharyulu
said the Supreme Court and other high courts have expressed several times that
the BCCI performs a public function and it is straight away related to public
activity because of which the BCCI should be accountable to public in general
and in public interest.
"There
have been several doubts raised by Ministry of Law and Ministry of Youth
Affairs and Sports, even after the recommendation of the law commission as to
whether the BCCI do come under the purview of RTI Act," he said.
The
commission thinks in public interest, in the interest of fair cricket and for
fair process of selection of Indian cricket team members, the BCCI should be
made transparent, accountable and answerable under the Right to Information
Act, 2005, he said.
"The
commission directs the CPIO/authorised representative of the BCCI to explain
why the commission should not declare the BCCI as public authority in view of
various judicial pronouncements and the law commission's recommendation in its
275th report," he directed.