Kashmir Pen
In an appeal filed by the District Cricket Forum of Kulgam, the Supreme Court stayed the proceedings relating to the Jammu and Kashmir Cricket Association pending before the High Court of Jammu and Kashmir. This was primarily in view of the Order dated 14.03.2019 passed by the Supreme Court in the BCCI matter, where the recommendations of the Justice Lodha Committee are being considered, by which the Supreme Court had precluded the High Courts and Tribunals across the country from hearing matters relating to the BCCI or State Associations.
The Order was passed after hearing Mr. P.S. Narasimha, the Amicus Curiae appointed by the Supreme Court, who informed the bench headed by Justice L. Nageswara Rao that the Order dated 14.03.2019 was still in operation and that the main matter needed to be listed. The Supreme Court thereafter directed that the main matter be listed on 01.12.2020, along with the appeal filed by the District Cricket Forum of Kulgam. Appearing for the District Cricket Forum of Kulgam, Mr. Devadatt Kamat, Sr. Adv. along with Mr. Amit Pai, Advocate on Record impressed upon the Court to stay the proceedings that were continuing before the High Court, owing to the dichotomy of the situation, i.e. that the correctness of the Constitution of the JKCA was being considered at the High Court as well as in the Supreme Court in the main matter.
Mr. Siddharth Dave, Sr. Adv. along with Mr. Anshuman Ashok, Advocate on Record, supported the plea, and informed the Supreme Court that despite the Order of the Supreme Court on 14.03.2019, the Jammu and Kashmir High Court was continuing to hear the matter, and that this was in contradistinction to what some of the other High Courts have done. After consulting with Mr. Narasimha, the Supreme Court proceeded to stay the proceedings in the matter pending before the High Court till the next date of hearing.
Upon being informed of these developments, Chief Justice Gita Mittal was pleased to postpone the hearing of the matters relating to the JKCA till the third week of December.
The matter is next listed on 1st December before the Supreme Court along with the main cricket matter.
