BCCI VS ICC

BCCI adamant on sending legal notice to ICC

by Cricbuzz Staff • Last updated on

In his reply to the CoA, BCCI acting secretary Amitabh Choudhary insists on sending a notice at the earliest © AFP

The Board of Control for Cricket in India (BCCI) has responded to the Committee of Administrators (CoA) directive about picking the Indian squad for the 2017 Champions Trophy at the earliest by insisting on sending a legal notice to the International Cricket Council. In his reply to the CoA, BCCI acting secretary Amitabh Choudhary made no mention of when the squad for the tournament will be picked but reiterated that sending a notice will be in the best interests of BCCI.

"I would like to bring to your attention the fact that all that the notice seeks to do is to ask the ICC to remedy the breach that they have committed with regard to the Members Participation Agreement," Choudhary wrote to CoA on Thursday (May 4) according to reports. "The said Agreement envisages a 30-day period to be provided for either of the parties to remedy a breach that may have occurred to the disadvantage of the other party. The draft notice does not talk about any drastic step but merely appropriate consequences. The consequences can only be decided by the General Body of the BCCI as you have recognised in your communication of yesterday to all members since the decision would have long term effects.

"Unless you have an opinion on record that states that the notice period as envisaged under the MPA can be of less than 30 days, your belief that the BCCI's legal rights would not be prejudiced in any manner if a notice is not issued to the ICC prior to SGM may not be well founded.

"I would once again like to reiterate that the notice only seeks to ask the ICC/IBC to remedy the breach that they have committed in a period of 30 days from today and this is not a decision of great magnitude and in fact, on the other hand, not sending a notice may turn out to be a decision of great magnitude since it may have the possible effect of closing an option that may be available to the BCCI within a given time frame. Further, not sending the notice in time may amount to dereliction of duty on my part."

Choudhary cites the Members Participation Agreement which has become a key factor in the duel between BCCI and ICC. "It is evident that the ICC-IBC has breached the clauses 6.4 (a), (c), (d) and (e) affecting the BCCI's interests adversely," says a copy of the notice that the BCCI intends to send to ICC. The Members Participation Agreement is a legally binding document between ICC and all its members. The BCCI, it is understood, can revoke on the MPA if its interests are not protected.

Choudhary, in his letter to CoA, added, "If the General Body of the BCCI takes a decision that is contrary to law, I would presume you would approach the Hon'ble Supreme Court but a decision that is well within the rights of an organisation to take to protect its interests and rights can hardly be contested.

"I am of the view that one need not lose sight of the fact that it is not only about the changes made to the revenue share but also about the proposed changes to the governance structure as is borne out even by the communication sent out on behalf of the CoA earlier to ICC and signed by the CEO.

"I would like to emphatically state that the interest of our players is paramount to us and any suggestion to the contrary by anyone would be utterly devoid of merit. The BCCI or its member units have not lost sight of anything. I would also like to assure you that till an agreement is in place, the BCCI will do everything it can to honour the agreement and I had even kept you informed on all decisions in this regard including the selection of the team for the ensuing Champions Trophy."

Choudhary reiterated that they have the majority on their side and most of the board members are of the view that a notice should be sent to the world governing body. "I would like to reiterate that it is absolutely imperative that the Notice to ICC/IBC asking them to remedy the breach within a period of 30 days be sent today as a matter of abundant caution," he said.

BCCI is displeased with the proposed new revenue distribution model, with its share being slashed from a current $570 million to a projected $293 million. The board also rejected Shashank Manohar's offer of an additional $100 million after the ICC meeting in Dubai last month.

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