Abolish IPL. Now.

Dear Friends

I do not love cricket and never pay attention to it. In fact, I must have watched less than 5 minutes of IPL-3. But now, thanks to relentless media reporting (to the exclusion of everything else), I was forced to learn a few things about the IPL and I am quite concerned to note ‘why on earth does anybody think that IPL’s conduct and transaction is legal here?’

BCCI is not merely regulated by the Government but is in receipt of facilities and infrastructure belonging to the Government. BCCI is also in receipt of exclusive rights to represent the nation in approved sports and tournaments. This much has been held, by Courts, to restrain BCCI from acting arbitrarily, on prior occasions.

And the IPL is merely a committee within the BCCI. So, how could IPL covenant with anybody at all to grant them confidentiality in the matter of dealing with IPL, BCCI or in the matter of use of facilities leased to BCCI by the Government? It is out of question, for an agency of the Government to offer facilities entrusted to it by the Government to another person who refuses to identify himself and seeks confidentiality. This is because, as a recipient of Government largesse, the public does have a right to know about the person who is conferred with public such public privileges.

So, the reasonable thing for the BCCI here would be to wind up IPL altogether. Of course, all monies received by IPL will have to be refunded to the contributors to the extent not already spent in proportion to the contribution by individual IPL owners and others.

Can those losing money here sue IPL or the BCCI for recovery of their complete money spent on it? Well, if IPL is abolished, IPL cannot be sued at all as it would have become a ‘non-existent’ entity in the eyes of the law. The BCCI could be sued but, unsuccessfully. BCCI could take the claim of ‘mistake of law’. A ‘mistake of law’ is a good ground to void (close and cancel out) contracts. At any rate, now that the cat is out of the bag, be prepared to see one of two things – if the confidentiality clause is central to the IPL and that owners would choose to forsake IPL than to reveal their identity, then, IPL will have to be disbanded because the central theme of the IPL agreement has become frustrated. On the other hand, should all parties try to bury this controversy right today and wish to carry on, the fact that too much dirt is now open, IPL could be stranded with numerous legal claims and find the future difficult, if not altogether impossible.

Regards

K.V.Dhananjay

Advocate

Supreme Court of India