Srinagar, Dec 6: Division Bench of High Court today upheld the appointment of administrators by single bench for holding elections for Jammu and Kashmir Cricket Association (JKCA) and appointed Justice Syed Bashir-ud-Din (retired) as Ombudsman for resolving disputes between the association and clubs and Ashiq Hussain Bukhari as Chief Executive Officer.
The Division Bench of Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey held that the Writ Court has rightly appointed two administrators in its right perspective. “In the stated facts and reasons, learned Writ Court has rightly appointed two Administrators which cannot be found fault with except for certain additions so as to see that the committee of Administrators is assisted in implementing the recommendations of the Lodha Committee as accepted by the Supreme Court”, the DB said.
However, with regard to the appointment of Ombudsman for resolving issues between various clubs and association, the Division Bench has appointed retired High Court Judge as new Ombudsman to resolve the in-terse issues for the association.
“We deem it proper to appoint ombudsman for resolving all the disputes after giving hearing to all concerned, 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 so as to pave a way for implementing directions of the Supreme Court in line with recommendations of the Lodha Committee”, Justice Mir and Justice Magrey directed.
Earlier Writ Court had given the power to the two appointed Administrators to appoint an Ombudsman and to which the Division Bench said that the Administrators cannot appoint Ombudsman as he was required to be appointed by the Association.
“The game of cricket till date has not flourished in the State of J&K to the extent it should have for allied reasons which include alleged embezzlement of funds, disputes inter se members of 12 clubs, rivalry between the groups, in the process multiple litigation made the game of cricket to suffer”, DB said.
DB said that the expenditure shall be at par with Administrators. The monthly remuneration, allowances and other conditions during such term in office as an Ombudsman shall be the same as that of a Judge of the High Court, reduced by the amount of the pension received by him and by the portion of the commuted value of the portion of such pension, if received by him.
Court has also appointed Chief Executive Officer for committee of Administrators and appointed Ashiq Hussain Bukhari, IPS, retired DIG, as Chief Executive Officer, who 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 Committee of Administrators till rules are amended and elections are held.
Clubs which are involved in cricket activities are Rehari Cricket Club, Jammu; Jammu Cricket Club, Jammu; International Cricket Club, Jammu; Modern Cricket Club, Jammu; Friends Cricket Club, Jammu; Shastri Cricket Club, Jammu; United Cricket Club, Srinagar; Friends Cricket Club, Srinagar; Kashmir Gymkhana Cricket Club; Whites Cricket Club; Baramulla Cricket Club and Muslim Cricket Club Sopore.
DB, while clarifying the Writ Court direction with regard to seized amount, said in case released amount is available with the Association that shall be dealt with by Chief Executive Officer under the instructions and directions of the Committee of Administrators.
The monthly remuneration, allowances and other conditions, Court added, during such term in office as Chief Executive Officer shall be the same as that of DIG reduced by the amount of pension received by him and by the portion of the commuted value of the portion of such pension, if received by him.