search-icon-img
search-icon-img
Advertisement

Court Stays JKCA President’s Actions, Says Parallel Authority May Create Chaos

Excelsior Correspondent JAMMU, July 3: In a significant order concerning the internal affairs of the Jammu and Kashmir Cricket Association, the Court of Sub Judge/Special Mobile Magistrate, Jammu, Slahuddin Ahmed, has restrained Javid Ahmad Kitab from exercising the powers of...

  • fb
  • twitter
  • whatsapp
  • whatsapp

Excelsior Correspondent

JAMMU, July 3: In a significant order concerning the internal affairs of the Jammu and Kashmir Cricket Association, the Court of Sub Judge/Special Mobile Magistrate, Jammu, Slahuddin Ahmed, has restrained Javid Ahmad Kitab from exercising the powers of President of Jammu and Kashmir Cricket Association (JKCA) and from issuing communications or taking administrative decisions in the name of the Association till the next date of hearing.

The order was passed in a suit filed by Jammu and Kashmir Cricket Association through its Honorary Secretary Vivek Khajuria against Javid Ahmad Kitab. The plaintiff was represented by Senior Advocate Rahul Pant with Advocate Rajat Gupta, while the defendant was represented by Advocate Dalbir Singh.

Advertisement

According to the suit, JKCA alleged that despite being placed under interim suspension by the Apex Council on June 25, 2026, Kitab continued to act as President, issued notice No. JKCA/PR/SGR/53 dated June 25, convened a purported Special General Meeting on June 27 and thereafter issued a press statement claiming that decisions had been validly taken in the meeting.

The plaintiff submitted that under the JKCA Constitution, no office-bearer has absolute authority and the Association functions through collective governance and institutional decision-making. It was alleged that the defendant's actions were beyond jurisdiction, unconstitutional and amounted to creating a parallel administrative structure within JKCA.

The Court observed that the purpose of the caveat had been satisfied as the defendant's counsel had received copies of the plaint and documents and was given an opportunity of hearing. The Court held that merely seeking time to file objections would not prevent consideration of ad-interim relief.

While granting interim protection, the Court observed that the plaintiff had raised substantial issues requiring adjudication regarding the legality of the impugned notice and actions taken pursuant to it. The Court further held that the plaintiff had made out a prima facie case and that continuation of competing claims of authority could result in administrative uncertainty, multiplicity of proceedings and consequences affecting the functioning of JKCA.

The Court made important observations that a registered sports body requires certainty regarding its authorised office-bearers while dealing with authorities, institutions, affiliated units, players, sponsors and other stakeholders. It further observed that parallel assertions of authority were likely to generate conflicting decisions, ambiguous communications and administrative issues, the consequences of which could not be adequately compensated by damages.

The Court also noted that at this stage it was not finally deciding the legality of the impugned notice, the alleged actions, the resolutions passed by the Apex Council or the legality of the Special General Meeting allegedly held on June 27. However, it held that interim preservation of an orderly administrative structure would serve the interests of the parties as well as affiliated members and stakeholders.

Accordingly, the Court stayed the operation and effect of the impugned notice dated June 25, 2026, the press statement dated June 27, 2026 and all consequential proceedings/actions taken or sought to be taken pursuant thereto till the next date of hearing.

The Court also temporarily restrained Kitab from representing himself before members, affiliated units, public institutions, financial institutions or other stakeholders as exercising powers of the office of President of JKCA. He was also restrained from issuing communications or taking administrative decisions in the name of JKCA till the next date of hearing.

However, the Court clarified that the order shall not be treated as an opinion on the legality of allegations against the defendant or as recognition or affirmation of the validity of resolutions passed by the Apex Council. The defendant has also been given liberty to appear before the Ombudsman or any other competent forum and raise all available objections or seek relief in accordance with law.

The matter has been listed for further proceedings on July 6, 2026.

Advertisement