A bench of Chief Justice TS Thakur and Justice FMI Kalifulla said the committee's recommendation for financial support to the Players' Association cannot be rejected as the extent of such support is left to BCCI to be decided on a 'fair and objective view' of its financial resources and commitments.

The bench rejected BCCI's argument against the panel's recommendation.

The bench dealt with three aspects of the recommendations which relate to formation of the association, financial support which the Board must provide to the association and the representation given to the association in the Apex Council for BCCI comprising nine members, of which five should be elected, two should be representatives of Players Association out of which one must be a woman and one should be a nominee of Comptroller and Auditor General of India. The ninth member is to elected by full members of BCCI from amongst themselves.

It noted that neither BCCI nor any other association has found fault with the panel's view for forming Players' Association.

"Formation of the Association, as noticed earlier, is not under challenge and rightly so for cricket players have a fundamental right to form an association even independent of the recommendation," it said.

The bench, however, said the aspect of giving financial assistance to Players' Association has come under criticism by BCCI and its supporting associations.

"The Committee has recommended such financial support but has stopped short of specifying the extent of such support. It would, therefore, be reasonable to presume that the extent of financial support which the association may be given is left to the discretion of BCCI.

"If that be so, we do not see any merit in the objection raised by BCCI that such support need not be given or would unduly burden BCCI," it said.

The court said, "An association of cricket players would doubtless give to cricketing community not only an opportunity to contribute to the promotion of the game but a sense of participation also so very important for the promotion of a game that brings so much joy and feelings of nationalism among our countrymen."


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