The Supreme Court on Monday declined to intervene in Lalit Modi’s attempt to make the Board of Control for Cricket in India (BCCI) pay off a ₹10.65 crore penalty imposed on him by the Enforcement Directorate under the Foreign Exchange Management Act (FEMA). Instead, the Court directed him to knock on the doors of a civil court if he wished to press his claim further.
The petition, wrapped in the cloak of a writ, was unwrapped quickly by a bench comprising Justices PS Narasimha and R Mahadevan, who pointed out the obvious: the BCCI isn’t a “State” under Article 12 of the Constitution and can’t be roped into writ proceedings except under narrow circumstances involving public duties. This wasn’t one of them.
The origin of Modi’s troubles lies in the 2009 edition of the Indian Premier League, held in South Africa, and the subsequent ED crackdown over alleged financial lapses. Slapped with a FEMA penalty, Modi turned to BCCI, citing Rule 34 of its constitution—a clause meant to reimburse officials for liabilities incurred during official duties.
But the Bombay High Court had already brushed aside that argument last December, calling it “wholly misconceived” and tossing in a ₹1 lakh cost for good measure. The court had said plainly: penalties imposed by the ED don’t arise out of public functions that could trigger writ jurisdiction.
Refusing to give up, Modi challenged the ruling in the Supreme Court. His counsel tried to squeeze his plea through the constitutional cracks by citing past cases where BCCI’s actions had been subject to judicial review, and pointed out that others—like N. Srinivasan—had received indemnification in similar circumstances.
He argued that interim orders in PMLA proceedings had treated all office-bearers equally, including Modi. The BCCI, he claimed, had once even deposited ₹10 crore as protection for all those named. So why the sudden cold shoulder to Modi?
But the Supreme Court wasn’t buying the pitch. Even as it acknowledged the nuanced arguments, the bench stood firm: Article 226 doesn’t stretch far enough to accommodate this plea. However, it left the door ajar—inviting Modi to withdraw the petition and explore a civil suit instead.
Translation: if you want the BCCI to pay, don’t come with a writ—come with a civil claim. The match, for now, has gone into extra innings.
