Will our writ apply to the ICC?: Delhi High Court dismisses petition seeking ban on Bangladesh from world cricket

New Delhi: The Delhi High Court has reprimanded a petitioner who sought to prevent Bangladesh from playing cricket. The court told the petitioner to do something worthwhile instead and questioned how the court could pass judgment on the policies of the Ministry of External Affairs. 

What did the Delhi High Court say?

The court also warned of imposing a heavy fine. The public interest litigation (PIL) sought to prevent Bangladesh from participating in any competition due to attacks on the Hindu community.

On Tuesday, Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia heard the PIL. 

"What kind of petition is this? You are saying that the court should take policy decisions related to foreign affairs. Leave it to the Ministry of External Affairs. Are you asking us to conduct an investigation in Bangladesh? Will our writ reach there? Give us some good reasons. Can we issue any writ?" the bench said.

"The ICC is the organizer. Will our writ apply to the ICC? We are warning you that a heavy fine will be imposed. You are saying to instruct the ICC to ban Bangladesh. You file a PIL for whatever comes to your mind. Where is the law?" the court added.

What did the petitioner say? 

The petitioner said, "There are some previous cases as well. There is a 2010 judgment of the Delhi High Court when a case was heard against the ICC." To this, the court said, "Give it to us, but we are warning you."

Solicitor General Tushar Mehta, appearing for the BCCI, questioned whether the court had considered other parties. He said, "These include the Bangladesh Cricket Board and the Sri Lanka Cricket Board."

What did the Chief Justice say?

The CJ told the petitioner, "Are you a law student? We are warning you and requesting you to reconsider. You are wasting the court's time. A writ cannot be issued to the Sri Lanka Cricket Board, Bangladesh Cricket Board, ICC, or the Government of India to deal with the situation in Bangladesh in a specific way."

The petitioner said that a hearing regarding the England and Wales Cricket Board had also taken place in this court before. The bench warned that the law student petitioner could be fined.  He finally said he would withdraw the petition.

"Do some good work," the Chief Justice said. “Please do something better and more worthwhile. Such petitions cannot stand in court." 

The court issued an order stating that when it was pointed out that the petition was not legally maintainable (for hearing), the petitioner sought permission to withdraw it.