Noting that there were more serious issues to be dealt with like ensuring that every village had water, the Bombay high court on Thursday rapped an advocate, also a district-level cricketer, seeking directions against the Mumbai Cricket Association (MCA), the Board for Control of Cricket in India (BCCI) and civic bodies for hygiene facilities like toilets, water and medical assistance on all public grounds.
A division bench of Chief Justice Dipankar Datta and Justice M S Karnik remarked that “cricket was not our game” and the priority would be to ensure that there was water in villages. The court even asked the petitioner-advocate, who argued in person, whether bodies like the MCA and BCCI came under the definition of state, wherein the court could pass directions against it in a public interest litigation (PIL).
CJ Datta said: “Do you know Aurangabad gets water once a week? Why don’t you bring water from your home? You want to play cricket, which is not our original game from India. First let us ensure villages in Maharashtra get water.”
The HC was hearing a PIL filed by an advocate, Rahul Tiwari, a professional cricket player who had participated in various state- and district-level tournaments. He said that when one booked a public ground for practice, one was required to “pay a fee to the civic body or to the sports association” under whose jurisdiction the ground fell.
Tiwari argued that both, the MCA and BCCI, were passing the buck and that it was their statutory duty to provide these facilities. Even dressing rooms should’ve been provided, he said.
“Are these not luxuries? Many villages are not getting water. You are fortunate your parents can buy jazzy cricket bats, abdomen guards...If they can buy you all these, they can buy litres and litres of water,” said CJ Datta adding, “Don’t try to gain popularity by filing these PILs. If you are a cricketer, go play well. Manage these things yourself.”
The judges even pointed out it was hearing pleas concerning people’s fundamental right to live, unauthorised constructions, Chiplun floods; despite these, the court was hearing this matter (Tiwari’s PIL).
The court questioned Tiwari whether he had performed his fundamental duties under Article 51A of the Constitution of India. The article lists certain duties a citizen must perform for India, including protecting the sovereignty and integrity of our nation, protecting our nation and providing national services when required, protecting the environment, etc.
“What have you done for the people of Aurangabad,” the chief justice asked, adding that “this was at the bottom of the list for the government”.
During the last hearing in the PIL before a division bench comprising Justices A K Menon and M S Karnik, the judges had observed that the facilities should be provided. The HC has asked the BCCI, MCA and civic bodies to file their replies. “Your next big star might come from a public ground. So many bright children are playing on public grounds,” Justice Menon had remarked.
