Bombay High Court Upholds BCCI's Ban on OCI Cardholders in Domestic Cricket
Court Denies Interim Relief, Citing Lack of Manifest Arbitrariness in BCCI's Resolution
In a significant ruling, the Bombay High Court has upheld the Board of Control for Cricket in India's (BCCI) resolution that bars Overseas Citizen of India (OCI) cardholders from participating in domestic cricket tournaments. The court dismissed a writ petition filed by Kavin Kartik and others challenging the BCCI's decision, which was adopted during its meeting on December 18, 2023. The petitioners argued that the resolution was arbitrary and infringed upon their fundamental rights under Articles 14 and 21 of the Indian Constitution.
The court, led by Justices M.S. Sonak and Advait M. Sethna, concluded that the petitioners failed to establish a prima facie case of manifest arbitrariness or irreparable prejudice, thus denying their plea for an interim mandatory injunction. The bench emphasized that the BCCI's resolution was made in the exercise of its discretion to ensure that only Indian nationals participate in domestic cricket tournaments, as part of the selection process for the national team.
The judgment clarified that while the BCCI is not a "State" under Article 12 of the Constitution, it is subject to writ jurisdiction when performing public functions like regulating domestic cricket. The court noted that the BCCI's decision aims to maintain opportunities for Indian nationals and that the petitioners' participation could impact the prospects of Indian players in national selections.
During the proceedings, the petitioners contended that the BCCI's resolution contradicted previous practices where OCIs were allowed to participate in domestic tournaments. They also referenced prior judicial decisions that granted relief to OCI cardholders in similar situations. However, the court found that the petitioners had not met the higher legal standard required for an interim mandatory injunction, as outlined in the precedent set by the Supreme Court in the case of Dorab Cawasji Warden v. Coomi Sorab Warden.
The court acknowledged the petitioners' right to apply for Indian citizenship, which would enable their participation in domestic tournaments without restrictions. It also allowed the petitioners to represent their case to the BCCI for a prospective application of the resolution, expressing confidence that the BCCI would consider such a representation in accordance with the law.
The main petition is scheduled for hearing on October 17, 2025. Meanwhile, the court urged the BCCI to expedite decisions on representations made by young cricketers who aspire to play at the national level.
Bottom Line:
BCCI's resolution barring OCI cardholders from participating in domestic tournaments upheld; no interim relief granted as no prima facie case of manifest arbitrariness or irreparable prejudice established.
Statutory provision(s): Articles 14, 21 of the Constitution of India
Kavin Kartik v. Board of Control for Cricket in India, (Bombay)(DB) : Law Finder Doc Id # 2789481
