The Supreme Court on Monday rejected the petition of former IPL chairman Lalit Modi. In the petition, Lalit demanded a fine of Rs 10.65 crore to BCCI. This penalty was imposed by the Enforcement Directorate (ED) for violation of Foreign Exchange Management (FEMA).
Judge P.S. Narasimha and R. Mahadevan's bench did not consider Modi's petition as appropriate and said, “In this case, if Lalit Modi wants, he can try legal remedies in the civil court, but no direct order can be issued on the BCCI.”
Responds to 6 questions related to Lalit Modi's penalty …
1. What is the whole matter? In 2009, IPL was organized in South Africa. During this time, the ED imposed a fine of Rs 10.65 crore on Lalit Modi for transactions made during the IPL migration. He was accused of violating the FEMA (Foreign Exchange Management Act).
Lalit Modi filed a petition against this in the Bombay High Court and the Supreme Court. He argued that the BCCI should suffer the cost and disadvantages of whatever work he has done as the IPL chairman and BCCI vice president, because there is such a provision in the rules of the board.
The 2009 IPL final was played in Johannesburg, South Africa.
2. What did Lalit say in his application? Lalit Modi said in his petition that he was appointed BCCI Vice President from 2005 to 2010 and chairman of the IPL from 2007 to 2010. Under Rule 34 of the BCCI's Memorandum of Association, the board will have to compensate its officials for the losses and expenses incurred during their tenure.
Lalit Modi also said in the petition that the BCCI had previously been in similar cases. Srinivasan (former Secretary) and M.P. Pandov (former treasurer) was given a fine. He alleged that the BCCI had acted discriminated against.
3. Why did the Bombay High Court reject the application? In this case, on December 19, 2024, the Bombay High Court rejected Lalit Modi's application. The High Court then said that the application was completely based on misunderstanding. The penalties imposed under the Fema are individual, which Modi will have to pay. The court also imposed a fine of Rs 1 lakh on Modi, which was asked to be deposited with Tata Memorial Hospital.
4. What did the court say about BCCI? The court said that the BCCI does not fall under the definition of the state under Article 12 of the Indian Constitution, so a writ petition against BCCI cannot be filed. Lalit Modi's claim that the BCCI is a public institution and should compensate for the cost is not judicial.
Lalit Modi during the IPL final in Mumbai, April 25, 2010
5. Why was Lalit Modi banned? After the 2010 IPL season, Lalit Modi was accused of fixing and financial irregularities in the auction. The BCCI immediately suspended them and launched an investigation. The Investigation Committee convicted him in 2013, followed by Life in 2013 for a lifetime ban.
6. Is Lalit's legal battle over now? No, the Supreme Court did not completely close the doors. If Lalit wants, he can now demand compensation from the BCCI in this case by the Civil Court. But the Supreme Court has made it clear that seeking a direct order through such a writ petition is not within the scope of the law.
Image Credit: Images/graphics belong to (Divya-Bhaskar).