The Delhi High Court on Wednesday, January 21, refused to entertain a public interest litigation (PIL) seeking to ban Bangladesh from international cricket in India. The court said that such matters are related to foreign policy and international relations, which are beyond the scope of judicial intervention.
Bangladesh have refused to travel to India citing security concerns after fast bowler Mustafizur Rahman was dropped from Kolkata Knight Riders (KKR) on the instructions of the Board of Control for Cricket in India. The situation has been further affected by the increasing diplomatic tension between the two countries.
Bangladesh asked to move their matches to Sri Lanka, but the International Cricket Council rejected the request.
Delhi High Court rejects PIL seeking ban on Bangladesh from international cricket
The Delhi High Court refused to hear a PIL seeking to ban Bangladesh from international cricket over alleged violence against the Hindu community.
A bench led by Chief Justice Devendra Kumar Upadhyay and Justice Tejas Karia said such demands involve foreign policy and international relations, which fall under the jurisdiction of the executive and not the courts, and criticized the petitioner for filing a frivolous plea before allowing it to be withdrawn.
“What kind of petition is this? You are asking the court to take a policy decision regarding foreign affairs. Leave it to the Ministry of External Affairs. You are asking us to investigate something in Bangladesh? Will our writ go there?” The bench said today.
Delhi High Court clarifies limits of jurisdiction, warns against misuse of PILs
The court clarified that its powers under Article 226 of the Constitution do not apply to foreign governments or foreign organizations. It said that Indian courts cannot issue directions to bodies outside the country.
The bench said that the petition has sought action against Bangladesh and Sri Lankan Cricket Board as well as the International Cricket Council. It is noteworthy that the court had said that it has no authority over these organizations.
The judges also warned the petitioner against misusing the PIL route. He said that in such cases, valuable time of the court is wasted and filing of unnecessary petitions can lead to heavy costs.
Delhi High Court courts cannot issue directions to foreign cricket boards
During the hearing, Solicitor General Tushar Mehta appeared on behalf of the Board of Control for Cricket in India and said that Bangladesh and Sri Lankan cricket boards have also been named in the case.
The court repeatedly told the petitioner, who described himself as a law student, that Indian courts cannot issue writs to foreign cricket boards or direct the Indian government as to how to deal with another country.
The Chief Justice said that PIL cannot be based on beliefs or personal views without legal backing. The bench also rejected the petitioner’s reliance on a Pakistani court decision, holding that Indian constitutional courts do not follow Pakistani decisions.
After facing continuous objections on the maintainability of the petition, the petitioner asked to withdraw the PIL. The court allowed the return and advised the petitioner to do more meaningful work.
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