Chennai Super Kings (CSK) is not a legal entity so it could not file any case in any court, the Board of Control for Cricket in India (BCCI) has said in its counter affidavit submitted to Madras High Court.
The cricket board's response came in the wake of a writ petition filed by Chennai Super Kings Cricket Limited challenging the Lodha committee report on spot-fixing and betting charges.
The Lodha committee, headed by Justice (retired) RM Lodha, had suspended CSK and Rajasthan Royals from the cash-rich Indian Premier League (IPL) for two years on 14 July, 2015.
"CSK is not a legal entity as such. It is the second respondent (India Cements) who participated in the proceedings before the Bombay High Court, Supreme Court, HPPC, DPC, as owner of the franchise CSK. Though the writ petitioner was incorporated on 19.12.2014, it did not choose to appear before the Hon'ble Supreme Court," BCCI said in its counter affidavit submitted to the Madras HC.
The board also made it clear in the counter affidavit that the Supreme Court had said that Lodha committee's order has to be followed and in no way it could have taken any other step but abide by it. Since the punishment was decided by the committee appointed by the apex court, CSK Cricket Limited can only move the SC for a relief.
"In other words such actions do not fall in the public law domain. No public duty is involved while imposing punishment against a Franchisee and therefore, the present writ petition under Art 226 is not maintainable," BCCI said in the counter affidavit, praying not to entertain CSK Cricket Limited's petition.
