Central Information Commission brings BCCI under RTI

Agencies
October 2, 2018

New Delhi, Oct 2: The Board of Control for Cricket in India (BCCI) is covered under the RTI Act and answerable to the people of the country under its mechanism, the Central Information Commission ruled on Monday.

The commission, the top appellate body in RTI matters, went through the law, orders of the Supreme Court, the Law Commission of India report, submissions of the Central Public Information Officer in the Ministry of Youth Affairs and Sports to conclude that the status, nature and functional characteristics of the BCCI fulfil required conditions of Section 2(h) of the RTI Act.

Section 2(h) of the Act defines criteria under which a body can be declared as public authority under the RTI Act.

"The SC has also reaffirmed that the BCCI is the 'approved' national-level body holding virtually monopoly rights to organize cricketing events in the country," Information Commissioner Sridhar Acharyulu said in a 37-page long order.

He directed the president, secretary and Committee of Administrators to designate deserving officers as central public information officers, central assistant public information officers and first appellate authorities as required under the law.

Acharyulu also directed the BCCI to put in place, within 15 days, online and offline mechanisms to receive applications for information under the RTI Act.

The matter came up before him as the Ministry of Youth Affairs and Sports did not give a satisfactory response to an RTI applicant, Geeta Rani, who had sought to know the provisions and guidelines under which the BCCI has been representing India and selecting players for the national team.

Through the 12-pointer RTI application, she also asked whether the players selected by the BCCI are playing for India or for the association, how can a private body represent the country internationally, how's the government benefiting from giving rights and authority to the BCCI to represent the country in international tournaments among others.

The ministry claimed it has no information available and the plea could not be transferred to the BCCI as the cricket board has not been declared a public authority under the RTI Act.

The BCCI Monday sought more time for submission but Acharyulu rejected the demand, saying the cricketing body, having received notices from the CIC, neither appeared on dates of hearing nor gave any written submission.

"The BCCI should be listed as an NSF (national sports federation) covered under the RTI Act. The RTI Act should be made applicable to the BCCI along with its entire constituent member cricketing associations, provided they fulfil the criteria applicable to the BCCI, as discussed in the Law Commission's report," he said.

The commissioner directed the BCCI to provide point-wise information sought by the appellant in this case, within 10 days from the date of receipt of the order.

"The BCCI should have been held accountable under all circumstances for any violations of basic human rights of the stake holders. As on today, there is no mechanism to question such violations, except filing a general writ petition in constitutional courts," he said.

Citing the Law Commission report, he said it not only affirmatively recognised the economic ("monopoly") nature of the BCCI acting as a sports federation for cricket but also outlined the power and ability of such a body to impact the human rights of athletes and potential athletes.

Acharyulu said previously, most attempts at legal analysis have primarily relied on whether the body is funded by the state and/or uses state insignia and names.

He said while state funding is indeed one of the elements in determining whether a non-government organisation is a "public authority", the economic and human rights impact of the body's powers are dominant themes of the report and its recommendations.

"This represents a broader and more contemporary view of the jurisprudence backing the application of public laws to prima facie 'private' bodies in sport," he said.

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News Network
June 17,2020

New Delhi, Jun 17: With an increase of 10,974 new cases and 2,003 deaths in the last 24 hours, India's COVID-19 count reached 3,54,065 on Wednesday while the toll due to the virus stands at 11,903.

This includes 1,55,227 active cases and 1,86,935 cured, discharged and migrated patients, according to the Union Health Ministry.

While the spike in the number of cases has stayed below the 11-thousand mark, the death toll has increased manifold today as compared to the 380 death reported on Tuesday.

Maharashtra with 1,13,445 cases continues to be the worst-affected state in the country with 50,057 active cases while 57,851 patients have been cured and discharged in the state so far. The toll due to COVID-19 has crossed the five thousand mark and reached 5,537 in the state.

It is followed by Tamil Nadu with 48,019 and the national capital with 44,688 confirmed cases.

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coastaldigest.com web desk
June 16,2020

New Delhi, Jun 16: Despite Prime Minister Narendra Modi led government’s attempt to downplay the border dispute with China, matters have heated up unprecedentedly along the Line of Actual Control (LAC)- the effective Sino-India border in Eastern Ladakh. 

The country has lost three precious lives – an army officer and two soldiers. The last time blood was spilled on the LAC, before the latest episode, was 45 years ago when the Chinese ambushed an Assam Rifles patrol in Tulung La.

India had lost four soldiers on October 20, 1975 in Tulung La, the last time bullets were fired on the India-China border though both the countries witnessed bitter stand-offs later at Sumdorong Chu valley in 1987, Depsang in 2013, Chumar in 2014 and Doklam in 2017.

Between 1962 and 1975, the biggest clash between India and China took place in Nathu La pass in 1967 when reports suggest that around 80 Indian soldiers were killed and many more Chinese personnel.

While three soldiers, including a Commanding Officer, were killed in the latest episode in Galwan Valley, the government describes it as a "violent clash" and does not mention opening fire.

New Delhi described the locality where the 1975 incident took place as "well within" its territory only to be rebuffed by Beijing as "sheer reversal of black and white and confusion of right and wrong".

The Ministry of External Affairs had then said that the Chinese had crossed the LAC and ambushed the soldiers while Beijing claimed the Indians entered their territory and did not return despite warnings.

The Indian government maintained that the ambush on the Assam Rifles' patrol in 1975 took place "500 metres south of Tulung" on the border between India and Tibet and "therefore in Indian territory". It said Chinese soldiers "penetrating" Indian territory implied a "change in China's position" on the border question but the Chinese denied this and blamed India for the incident.

The US diplomatic cables quoted an Indian military intelligence officer saying that the Chinese had erected stone walls on the Indian side of Tulung La and from these positions fired several hundred rounds at the Indian patrol.

"Four of the Indians had gone into a leading position while two (the ones who escaped) remained behind. The senior military intelligence officer emphasised that the soldiers on the Indian patrol were from the area and had patrolled that same region many times before," the cable said.

One of the US cables showed that former US Secretary of State and National Security Adviser Henry Kissinger sought details of the October 1975 clash "without approaching the host governments on actual location of October 20 incident". He also wanted to know what ground rules were followed regarding the proximity of LAC by border patrols.

A cable sent from the US mission in India on November 4, 1975 appeared to have doubts about the Chinese account saying it was "highly defensive".

"Given the unsettled situation on the sub-continent, particularly in Bangladesh, both Chinese and Indian authorities have authorised stepped up patrols along the disputed border. The clash may well have ensued when two such patrols unexpectedly encountered each other," it said.

Another cable from China on the same day quoted another October 1974 cable, which spoke about Chinese officials being concerned for long that "some hotheaded person on the PRC (People's Republic of China) might provoke an incident that could lead to renewed Sino-Indian hostilities. It went on to say that this clash suggested that "such concerns and apprehensions are not unwarranted".

According to the United States diplomatic cables, Chinese Foreign Ministry on November 3, 1975 disputed the statement of the MEA spokesperson, who said the incident took place inside Indian territory.

The Chinese had said "sheer reversal of black and white and confusion of right and wrong". In its version of the 1975 incident, they said Indian troops crossed the LAC at 1:30 PM at Tulung Pass on the Eastern Sector and "intruded" into their territory when personnel at the Civilian Checkpost at Chuna in Tibet warned them to withdraw.

Ignoring this, they claimed, Indian soldiers made "continual provocation and even opened fire at the Chinese civilian checkpost personnel, posing a grave threat to the life of the latter. The Chinese civilian checkpost personnel were obliged to fire back in self defence."

The Chinese Foreign Ministry spokesperson had also said they told the Indian side that they could collect the bodies "anytime" and on October 28, collected the bodies, weapons and ammunition and "signed a receipt".

The US cables from the then USSR suggested that the official media carried reports from Delhi on the October 1975 incident and they cited only Indian accounts of the incident "ridiculing alleged Chinese claims that the Indians crossed the line and opened fire first".

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News Network
January 7,2020

Indore, Jan 7: With the first T20I being washed out, India and Sri Lanka will now hope that rain gods stay away from the Holkar Stadium when the two teams face each other in the second match of the ongoing three-game series on Tuesday.

Only toss could take place on Sunday at Guwahati`s Barsapara Cricket Ground before rain gods came in and left damp spots on the pitch thus forcing the game to be called off without a ball being bowled.

Hairdryers were used to dry the pitch after water seeped in through leaking covers at the Barsapara Stadium, a sight which is not usually seen in international cricket. And that hasn`t gone down well with the Board of Control for Cricket in India (BCCI) which now awaits chief curator Ashish Bhowmick`s report on the same.

The Men in Blue, who enjoyed a brief break, are coming into the series on the back of T20I series victories against Bangladesh and West Indies respectively and thus would be the more confident side out of the two.

Just like Guwahati, the team management and other Indian cricket fans would focus on comeback man Jasprit Bumrah who is making his return to international cricket. Bumrah has been out of action after India`s tour of the West Indies in July-August due to a stress fracture on his back and thus would be rearing to go and perform for the team.

Dhawan, like Bumrah, was not part of the West Indies series after he hurt his knee during the Syed Mushtaq Ali Trophy. The left-handed opener was not at his absolute best in the T20I series against Bangladesh and faced criticism from several quarters.

While Bumrah will grab more eyeballs during the remaining two matches, the series is also important for left-handed opening batsman Shikhar Dhawan, making a comeback into the team post knee injury.

However, recently, he scored a century in the Ranji Trophy and showed glimpses of returning to form.

In the bowling department, the team management would be checking out how the likes Navdeep Saini and Shardul Thakur react to pressure situations in death overs alongside Bumrah in the absence of frontline speedsters Mohammed Shami Deepak Chahar and Bhuvneshwar Kumar.

Young-off spinner Washington Sundar would like to put up performances to ensure that he gets to be part of the squad travelling to Australia for the World T20 in October.

Shivam Dube would also like to perform better - both with bat and ball - till Hardik Pandya is fully fit and back in action.

Wicketkeeper-batsman Rishabh Pant - like recent times - will once again be watched with careful eyes. Pant knows that he cannot take things lightly and need to perform as Sanju Samson as already warmed the benches for six straight T20Is.

For Sri Lanka, the remaining two matches of the series would be about giving match practice to the likes of Angelo Mathews who is returning to the national side having last played a T20I against South Africa in August 2018

In their last T20I series, Sri Lanka suffered a 0-3 rout in Australia as all their three departments failed to put in a commanding performance.

India and Sri Lanka have faced each other in 17 T20Is, out of which India have won 11 -- joint most for them against all opponents faced in shortest format.

With the three-match series now effectively turning into a two-game affair, both India and Sri Lanka would want to win in Indore to make sure they can`t lose the series. Also, Sri Lanka have never beaten India in a bilateral T20I series, a record which they would desperately like to change in the remaining two games.

Squads:

India: Virat Kohli (c), Shikhar Dhawan, KL Rahul, Shreyas Iyer, Rishabh Pant (wk), Ravindra Jadeja, Shivam Dube, Yuzvendra Chahal, Kuldeep Yadav, Jasprit Bumrah, Navdeep Saini, Shardul Thakur, Manish Pandey, Washington Sundar, Sanju Samson.

Sri Lanka: Lasith Malinga (c), Dhanushka Gunathilaka, Avishka Fernando, Angelo Mathews, Dasun Shanaka, Kusal Perera, Niroshan Dickwella, Dhananjaya De Silva, Isuru Udana, Bhanuka Rajapaksa, Oshada Fernando, Wanindu Hasaranga, Lahiru Kumara, Kusal Mendis, Lakshan Sandakan, Kasun Rajitha.

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