Today's Paper
ePaper | Kashmir Uzma | kashmirink | kashmirink

The High Court on Wednesday appointed its former judge, Justice Syed Bashir-ud-Din as an ombudsman and former police officer Ashiq Hussain Bukhari as chief executive officer of the Jammu and Kashmir Cricket Association.

Disposing of a bunch of appeals, a division bench of Justices Muhammad Yaqoob Mir and Ali Muhammad Magrey also upheld the appointment of Justice (retired) CK Prasad, former judge of the Supreme Court, and Justice (retired) Syed Rafat Alam, former Chief Justice of Madhya Pradesh High Court, as administrators of the JKCA.

On October 14 this year, the High Court had appointed the two former judges as 

administrators of the J&K Cricket Association for conducting its free and fair elections within two months. The court had left it to them to appoint the ombudsman to settle the issue among 12 clubs, primarily members of the JKCA.

While the court had also directed the police to deposit Rs 40 crore seized by it with the Association, it had asked the treasurer not expend the amount so received in the account of the Association without approval of the administrators. The judgment was, however, challenged in some appeals before the division bench.

The appellants were represented by advocate GA Lone and M A Makdoomi while senior advocate Bashir Ahmad Bashir, senior advocate Sunil Sethi, additional solicitor general of India, Tahir Majid Shamsi and advocate Muhammad Yousuf Bhat represented the respondents.

“For settlement of disputes among 12 clubs and other disputes of the Association, there is a requirement of appointing an ombudsman. Single judge has given the power to the two appointed administrators to appoint an ombudsman which, in our view, is not apposite,” the division bench said.

The ombudsman, the court said, was ordinarily to be appointed by the Association “but for the present affairs of the JKCA.”

“We deem it proper to appoint ombudsman for resolving all the disputes after giving hearing to all concerned, and therefore, we appoint Justice Syed Bashir-ud-din (retired) as ombudsman who shall undertake the task of settling the disputes of 12 clubs and also other disputes of the Association to pave a way for implementing directions of the Supreme Court in line with recommendations of the Lodha Committee,” the bench said.

Pointing out that a suitable person has to be appointed as chief executive officer who may have also administrative skills, the court said: “Therefore, we deem it appropriate to appoint Ashiq Hussain Bukhari, IPS, retired DIG, as chief executive officer.”

It added that Bukhari, after approval of the Committee of Administrators shall associate some reliable undisputed members of the Working Committee who have not incurred disqualification, for running the affairs of JKCA under the supervision and control of the Committee of Administrators till rules are amended and elections held.

The court has upheld its single bench’s verdict on administrators who it had directed to ensure that the rules of the J&K Cricket Association are amended in conformity with the recommendations made by the Lodha committee which has already been accepted by the Supreme Court.

The single bench had directed that the BCCI and the Association shall render all assistance to the administrators to effectively perform their duties. The expenditure to be incurred for travelling expenses and for stay of the administrators, the court had said, shall be borne by the Association.

“In addition, the administrators shall be entitled to remuneration of Rs 75000 each per-working day. The administrator may make appointment of such persons so as to assist them to hold free and fair elections of the office bearers of the association” the court had said. 

The administrators, it had said, shall ensure that elections of JKCA office bearers are held after amendment of the rules for electing office bearers of the Association.