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 7,2024

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The Israeli regime has killed at least 40 people during new airstrikes against eastern Lebanese areas, besides targeting the country’s capital Beirut with fresh acts of aggression.

Lebanon’s health ministry announced the fatalities on Wednesday, saying 53 other people had also been wounded during the aerial attacks that targeted the country’s Bekaa Valley, including the city of Baalbek.

In early Thursday, the regime was also reported to have attacked Beirut’s southern suburbs, including a site adjacent to Rafiq Hariri International Airport.

The attacks came after the regime issued short-notice evacuation orders apparently directed at the residents of the areas, claiming that the areas contained facilities belonging to Lebanon’s Hezbollah resistance movement.

Tel Aviv has been using similar claims on countless occasions since last October, when it markedly intensified its deadly acts of aggression against Lebanon, in order to try to justify the escalation. Hezbollah has, however, invariably refuted the claims.

Also on Wednesday, the United Nations warned in its most recent flash report on the humanitarian crisis caused by the Israeli atrocities targeting Lebanon that the aggression had “reached a critical point.”

The attacks have claimed the lives of more than 3,000 people, which was “58 percent more than the 1,900 fatalities” that were caused by the regime’s 2006 war against Lebanon, the report said.

“Additionally, an estimated 1.3 million people have been displaced, both within Lebanon and into neighboring countries, 33 percent more than the number of people displaced in 2006,” it added.

Women comprised the majority of those who had been rendered homeless within Lebanon as a result of the Israeli attacks, the report noted.

It also regretted that the Israeli attacks had featured 78 assaults on healthcare facilities across the country that had claimed the lives of 130 health workers and injured 111 others.

In response to the aggression, Hezbollah has been staging hundreds of retaliatory strikes against the occupied Palestinian territories and the Israeli forces trying to advance on southern Lebanese areas.

The movement has vowed to sustain its strikes until the regime ends the escalation.

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News Network
November 3,2024

Mangaluru: Dakshina Kannada MP Capt. Brijesh Chowta has called for a Central Bureau of Investigation (CBI) inquiry into the alleged embezzlement of Waqf properties. This demand follows findings from the Anwar Manippady committee's report, which reveals that while 54,000 acres of land are registered with the Waqf Board, approximately 29,000 acres have been misappropriated.

Capt. Chowta emphasized the need for a thorough investigation, stating, “A comprehensive probe should be conducted based on this report. Those who have illegally encroached on these properties must be held accountable.”

He challenged the Congress party, suggesting that if they genuinely care for the Muslim community and underprivileged women, their members should actively participate in the Joint Parliamentary Committee discussing the Waqf (Amendment) Bill 2024. This participation is essential to ensure that Waqf properties are used effectively for community welfare.

The MP criticized the notices served to farmers in Honvada village, Vijayapura, which stated that nearly 1,200 acres of their ancestral land was being reassigned to the Waqf Board. He expressed that this issue arose while the NDA government, led by Prime Minister Narendra Modi, is working on amendments to the Waqf Act. He accused the Congress-led state government, particularly Minister Zameer Ahmed Khan, of trying to enforce outdated 50-year-old notifications about Waqf properties. After the farmers raised concerns, Minister M. B. Patil clarified that the confusion was due to an error in the gazette.

Chowta alleged that Congress members in the Joint Parliamentary Committee are obstructing proceedings and causing disruptions. He expressed suspicion that Chief Minister Siddaramaiah might have instructed Minister Zameer Ahmed Khan to implement these outdated notifications regarding Waqf properties. As a result, he demanded the Minister's resignation.

He accused the Congress party of exploiting Muslim voters for the past 75 years without making substantial efforts for their welfare. Furthermore, he highlighted that the BJP is launching a campaign against land jihad, pointing out that the Waqf Board controls one of the largest land banks after the Defence and Railways sectors. Finally, he urged citizens to check the revenue records (RTC) of their land ownership to verify its status.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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