A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi modified its earlier order, holding that the ban imposed on Thakur was not intended to be permanent. Applying the doctrine of proportionality, the court observed that a lifelong embargo was neither envisaged nor justified in the circumstances of the case.
“We find it a fit case to apply the doctrine of proportionality, so as to hold that neither this court intended to impose a lifelong ban nor, in the facts and circumstances, such a severe restriction is warranted,” the bench said in its order.
The court noted that Thakur had stayed away from BCCI functioning for over nine years and had earlier tendered an unqualified apology, which had been accepted by the apex court. With the modification, Thakur is now free to be associated with the cricket body, subject to compliance with existing regulations.
Background to the ban
Thakur was removed from the BCCI presidency on January 2, 2017, when the Supreme Court directed him to “cease and desist” from involvement in the board’s affairs. The action followed allegations of contempt and perjury linked to the implementation of the Lodha Committee’s reform recommendations.
The court had accused Thakur of filing a false affidavit concerning a letter purportedly written to the then International Cricket Council (ICC) chairperson, seeking intervention to protect BCCI’s autonomy and delay reforms. Contempt and perjury proceedings were initiated, raising serious questions about governance and transparency within the cricket board.
Relief after apology
On July 14, 2017, the Supreme Court dropped the contempt and perjury proceedings against Thakur after he appeared before the court and offered an unconditional and unequivocal apology. Despite the relief, the restriction on his association with BCCI remained in force until Thursday’s order.
Reform context
The case emerged from the Supreme Court’s broader effort to reform Indian cricket administration. The court had appointed a committee led by former Chief Justice of India R M Lodha to recommend structural and governance changes in the BCCI. The Lodha Committee’s proposals, later accepted by the court, aimed to enhance transparency, accountability and professionalism in the board’s functioning.
Implications
The lifting of the ban potentially marks Thakur’s return to cricket administration after nearly a decade. However, any future role will be governed strictly by the BCCI’s constitution and judicially mandated reforms, ensuring adherence to the framework set by the apex court.
