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 KAPIL Dev always played his cricket on the front foot. Why should it be different off the field too?
On Tuesday, he filed a petition in the Delhi High Court for alleged victimisation by the Board of Control for Cricket in India (BCCI) for joining Indian Cricket League (ICL).
BCCI last year stopped giving out monthly payments under their welfare scheme to former cricketers who joined the Zee-backed ICL.
“The case will be very interesting on emotional and humanitarian grounds. Even though BCCI is an independent organisation and have their own rules, it exposes the monopolistic attitude of BCCI,” said Supreme Court lawyer Rahul Mehra, who had successfully challenged the BCCI in court regarding financial irregularities and lack of transparency a few years ago.
Deserving compensation
“The only way of earning a livelihood for us retired cricketers is through the game and the Board cannot, by illegally changing its rules and regulations, deprive us of the benefits,” Kapil said in his affidavit.
“Kapil has played cricket for India and it’s a compensation for his efforts on the field. Also, he could argue that BCCI took the decision to stop his payment after joining ICL, not before,” said Mehra.
The main point of contention, Mehra believes will be Article 14 of the Constitution, which deals with equality. “The BCCI can stop doling out money to its former cricketers anytime they want. But Kapil can argue for being discriminated against.
He could say that if BCCI wants to stop their welfare scheme, then they should stop it for everyone. They cannot pay Sunil Gavaskar and not pay Kapil. That argument would be interesting,” said Mehra.
So who will win? Mehra felt this is unchartered territory in the Indian legal system. “We do not have many sports cases in India. So, whatever the judgement be, it will be a benchmark for the future.”
BCCI is right: Lele
Former Board secretary J Y Lele, however, sided with the Board. “I do not know much about the legality, but if Kapil is not with the BCCI, then he should not get the money.
His company (ICL) case is a conflict with BCCI, so there’s no question of him getting money from the Board, who is right in this matter,” said Lele.
The Board’s decision to stop payments to former India cricketers associated with the ICL was taken a while ago, but Balwinder Sandhu (also an ICL man) still cannot figure out the logic.
“What wrong have we done? When I was a coach with the BCCI, I was helping young talent. Even now I am doing it. So, what’s the difference? We are with Kapil in his endeavour,” said the 1983 World Cupper.
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