Central Information Commission brings BCCI under RTI

Agencies
October 2, 2018

New Delhi, Oct 2: The Board of Control for Cricket in India (BCCI) is covered under the RTI Act and answerable to the people of the country under its mechanism, the Central Information Commission ruled on Monday.

The commission, the top appellate body in RTI matters, went through the law, orders of the Supreme Court, the Law Commission of India report, submissions of the Central Public Information Officer in the Ministry of Youth Affairs and Sports to conclude that the status, nature and functional characteristics of the BCCI fulfil required conditions of Section 2(h) of the RTI Act.

Section 2(h) of the Act defines criteria under which a body can be declared as public authority under the RTI Act.

"The SC has also reaffirmed that the BCCI is the 'approved' national-level body holding virtually monopoly rights to organize cricketing events in the country," Information Commissioner Sridhar Acharyulu said in a 37-page long order.

He directed the president, secretary and Committee of Administrators to designate deserving officers as central public information officers, central assistant public information officers and first appellate authorities as required under the law.

Acharyulu also directed the BCCI to put in place, within 15 days, online and offline mechanisms to receive applications for information under the RTI Act.

The matter came up before him as the Ministry of Youth Affairs and Sports did not give a satisfactory response to an RTI applicant, Geeta Rani, who had sought to know the provisions and guidelines under which the BCCI has been representing India and selecting players for the national team.

Through the 12-pointer RTI application, she also asked whether the players selected by the BCCI are playing for India or for the association, how can a private body represent the country internationally, how's the government benefiting from giving rights and authority to the BCCI to represent the country in international tournaments among others.

The ministry claimed it has no information available and the plea could not be transferred to the BCCI as the cricket board has not been declared a public authority under the RTI Act.

The BCCI Monday sought more time for submission but Acharyulu rejected the demand, saying the cricketing body, having received notices from the CIC, neither appeared on dates of hearing nor gave any written submission.

"The BCCI should be listed as an NSF (national sports federation) covered under the RTI Act. The RTI Act should be made applicable to the BCCI along with its entire constituent member cricketing associations, provided they fulfil the criteria applicable to the BCCI, as discussed in the Law Commission's report," he said.

The commissioner directed the BCCI to provide point-wise information sought by the appellant in this case, within 10 days from the date of receipt of the order.

"The BCCI should have been held accountable under all circumstances for any violations of basic human rights of the stake holders. As on today, there is no mechanism to question such violations, except filing a general writ petition in constitutional courts," he said.

Citing the Law Commission report, he said it not only affirmatively recognised the economic ("monopoly") nature of the BCCI acting as a sports federation for cricket but also outlined the power and ability of such a body to impact the human rights of athletes and potential athletes.

Acharyulu said previously, most attempts at legal analysis have primarily relied on whether the body is funded by the state and/or uses state insignia and names.

He said while state funding is indeed one of the elements in determining whether a non-government organisation is a "public authority", the economic and human rights impact of the body's powers are dominant themes of the report and its recommendations.

"This represents a broader and more contemporary view of the jurisprudence backing the application of public laws to prima facie 'private' bodies in sport," he said.

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News Network
November 26,2024

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Bengaluru: The Janata Dal (Secular) is grappling with its most tumultuous political crisis yet, with speculation rife about imminent defections among its lawmakers. This storm comes in the aftermath of party scion Nikhil Kumaraswamy's humiliating defeat in the Channapatna bypoll—his third consecutive electoral loss after setbacks in Mandya (2019) and Ramanagara (2023). With the regional party’s Assembly tally shrinking to 18 from 19, questions are being raised about its survival.

The murmurs of rebellion were amplified on Monday when Health Minister Dinesh Gundu Rao and Congress MLA CP Yogeshwar openly hinted at possible desertions within the JD(S) ranks. Yogeshwar, newly elected from Channapatna, declared he could orchestrate a migration of JD(S) MLAs to Congress. “I’ll meet them at the Belagavi session. Within a month, they’ll be in Congress,” he confidently stated during a televised interview. Yogeshwar has a history of engineering defections, having played a pivotal role in the collapse of the JD(S)-Congress coalition government in 2019 during his stint with the BJP.

Dinesh Gundu Rao, not mincing words, slammed the JD(S) leadership for fostering "self-serving politics," criticizing the HD Deve Gowda family for failing to nurture party talent. “There’s no trust. Their MLAs will seek survival—either in BJP or Congress,” he remarked.

Meanwhile, the expelled JD(S) state president CM Ibrahim added fuel to the fire by claiming that 12-13 MLAs are "disillusioned" with the current leadership. Speculations around senior JD(S) leader GT Deve Gowda joining Congress have also intensified. DK Shivakumar, Karnataka’s Deputy CM and Congress president, described GT Deve Gowda as a “valuable leader” who might be frustrated with the party’s internal dynamics.

While Congress leaders seem eager to poach JD(S) legislators, the BJP is not far behind in targeting the floundering party. The situation signals a decisive moment for the JD(S), as its survival now hinges on how it manages this brewing storm of discontent.

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News Network
November 19,2024

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News Network
November 27,2024

Mangaluru: A five-year-long pursuit of justice continues for several youths from Dakshina Kannada who fell victim to a fraudulent food delivery job scam in Kuwait. The victims, lured by promises of lucrative overseas employment, now find themselves entangled in legal battles and financial ruin.

In a recent development, the Enforcement Directorate (ED) summoned the victims to its Mangaluru office as part of the ongoing investigation. The case, which dates back to May 28, 2019, was initially registered at the Mangaluru North police station based on a complaint filed by Usman, a resident of Jalligudde. His brother, Aboobakkar Siddique, was among the 34 victims duped by Manikya Associates, a recruitment agency operated by Prasad Shetty.

According to the complaint, the victims were promised jobs as food delivery executives in Kuwait with a salary of ₹40,000 per month. “I paid ₹80,000 to the agent and ended up spending seven harrowing months in Kuwait without any salary,” shared a victim who now works in construction. Another victim, now employed as a driver, said, “I dreamt of working abroad to support my family. I even pledged jewelry to pay the fees, but it took me years to recover financially.”

The victims allege that they were left stranded in Kuwait in January 2019 after completing all formalities. With no jobs and mounting expenses, their ordeal lasted seven months. They were eventually repatriated with the help of Indian expats and the Embassy of India in Kuwait, just two months after the complaint was filed.

The ED investigation is reportedly progressing, and victims said they were assured that their payments to the agent would be refunded soon. An ED official confirmed that efforts to ensure justice are ongoing.

For these youths, the pain of shattered dreams and financial losses has lingered for years, with many still struggling to rebuild their lives. As they await justice, their plight serves as a cautionary tale about the perils of fraudulent recruitment schemes.

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