Photo Credit: Instagram Photo of @lalitkmodi
The Bombay High Court has fined Lalit Modi, the founder of the Indian Premier League (IPL), Rs 1 lakh for filing a “frivolous” and “wholly misconceived” petition requesting that the Board of Control for Cricket in India (BCCI) pay a Rs 10.65 crore penalty imposed on him by the Enforcement Directorate (ED).
In his plea, Modi sought interim directions for the BCCI to cover the penalty imposed in May 2018 by the central anti-money laundering agency for violations under the Foreign Exchange Management Act (FEMA). Modi argued that as the BCCI’s Vice President and IPL Chairman during the period in question, the board’s by-laws required it to indemnify him.
However, a bench of Justices MS Sonak and Jitendra Jain referred to a 2005 Supreme Court judgment, which ruled that the BCCI does not qualify as a “state” under constitutional provisions. The bench noted that despite this precedent, Modi filed the petition in 2018.
“In matters of alleged indemnification of the petitioner (Modi) in the context of penalties imposed upon the petitioner by the ED, there is no question of discharge of any public function, and therefore, for this purpose, no writ could be issued to the BCCI,” the bench stated.
It further emphasized, “In any event, the reliefs are wholly misconceived. The adjudication authority under the FEMA has imposed a penalty of Rs 10.65 crore upon the petitioner. The petitioner now seeks a writ of mandamus on the BCCI to pay this amount to the Enforcement Directorate (ED). No such mandamus can be issued.”
The court dismissed the petition as frivolous and directed Modi to pay Rs 1 lakh to the Tata Memorial Hospital by January 16, 2025.
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Name of Author: Cricexec Staff
