Prevention of Corruption: Office bearers of State Cricket Associationare deemed as "public servants"

Kerala High Court Declares Kerala Cricket Association Office Bearers as "Public Servants" under the PC Act. The court rules that the association's public functions render its office bearers accountable under anti-corruption laws.

In a landmark judgment, the Kerala High Court has declared the office bearers of the Kerala Cricket Association (KCA) as "public servants" under the Prevention of Corruption Act, 1988. The division bench, led by Justices Dr. A.K. Jayasankaran Nambiar and Jobin Sebastian, set aside an earlier single-judge ruling, emphasizing the association's role in serving public interests through cricket promotion and regulation, thus subjecting them to public accountability standards.

The case centered on whether KCA officials, affiliated with the Board of Control for Cricket in India (BCCI), could be treated as public servants given their responsibility for public duties. The court considered the association's activities, including conducting tournaments, coaching, and maintaining infrastructure, as public functions, making them accountable under the PC Act.

The High Court cited the Supreme Court's stance in the BCCI case, asserting that entities performing public functions could be subjected to judicial scrutiny under Article 226 of the Constitution. The judgment underscored that the association's public duties warranted adherence to anti-corruption standards akin to those applicable to public servants.

The judgment stemmed from allegations of corruption involving KCA officials in land purchases for stadium construction. The court found that the petitions challenging the officials' status under the PC Act lacked merit, affirming that allegations of misuse of power and financial misconduct warranted investigation under the Act.

The ruling is significant as it reinforces the application of anti-corruption laws to entities undertaking public functions, even if they are not traditional government bodies. The decision aligns with international anti-corruption standards and aims to ensure transparency and accountability in the functioning of sports bodies.

Bottom Line:

Prevention of Corruption Act, 1988 - Office bearers of Kerala Cricket Association, a society affiliated to BCCI, are deemed as "public servants" under Section 2(c)(viii) of the PC Act, 1988 in relation to public duties discharged by them.

Statutory provision(s): Prevention of Corruption Act, 1988, Section 2(c)(viii), Constitution of India, Article 226

Harish V. v. T.C. Mathew, (Kerala)(DB) : Law Finder Doc id # 2802258