The observation of the court came after solicitor general (SG) Tushar Mehta appearing for the Centre said that the Ministry of Sports is aware of the issue and every attempt shall be made to ensure ISL is held.
A bench of justices PS Narasimha and Joymalya Bagchi said, “People should not get an impression that the government is interfering in their (AIFF) functioning. We have a very important obligation on us to ensure ISL is held.”
Mehta said that he has spoken with the minister in this regard and the concerns expressed by the bidders will be examined. “The Minister is fully concerned with this issue. He was certain that ISL must be held. The government will intervene to ensure ISL is held.”
The bench observed, “When all of you have taken responsibility, that is better,” as it decided to post the matter after two weeks. It even indicated to Mehta that if a solution is forthcoming before this period, it will be willing to assemble.
Senior advocate Gopal Sankaranarayanan assisting the court as amicus curiae supported the view taken by the government. He said that the ISL is essential as a lot of players, staff depend on it.
He pointed out that the matter was examined by former Supreme Court judge L Nageswara Rao who was asked to oversee the bidding process as per court’s order of September 1. In a report submitted by justice Rao, he highlighted the concerns expressed by the potential bidders and possible recommendations.
The bidders sought lowering of the guaranteed annual financial payment, raised objection to the veto power provided to AIFF in decision-making process, restrictions on sub-licensing of broadcast and other rights and lack of adequate representation to the commercial partner in the Governing Council.
Accordingly, the report by the former judge recommended delineation of authority by which AIFF could be entrusted with the regulatory power while commercial and operational control on day-to-day functioning could be given to the commercial partner. He addressed each concern of the potential bidders to ensure the ISL game is held, realising that it holds a position of central importance within the structure of Indian football. Moreover, the report said that ISL serves as a crucial platform for Indian players, particularly younger players, to compete alongside and against experienced domestic and international professionals, with the exposure enhancing their technical abilities.
The bench said, “Justice Rao’s recommendations will be good guiding principles.”
Advocate Rahul Mehra, who earlier moved the Delhi high court to bring AIFF’s constitution in line with the National Sports Code submitted that these issues can be handled by AIFF at its level and does not require court’s intervention. He said that a bogey is being created to show that nothing is moving because of the constitution approved by the Supreme Court.
Sankaranarayanan said, “What he is probably hinting at is that there is a perception being created that because of court interference, ISL cannot be held.”
SG ruled out such an impression and sought told the court that nothing of this impression because the court has
The AIFF counsel Siddhesh Shirish Kotwal informed the court that a meeting of the executive body of AIFF will be held next week to adopt some of the provisions of its constitution modified by the court.
On September 19, the top court had approved the AIFF constitution and directed the AIFF to hold a general body within four weeks and adopt the draft constitution with the proposed modifications.
