- Bombay HC questioned OCI cricketers challenging BCCI’s passport rule.
- Court asked OCI cricketers why not acquire Indian citizenship.
- OCI players seek domestic play; BCCI requires Indian passport.
- Court adjourned, seeking updates on pending citizenship applications.
The Bombay High Court has posed a pointed question to 12 young cricketers holding Overseas Citizen of India (OCI) cards who are challenging the BCCI’s rule requiring an Indian passport to participate in its domestic tournaments. The court asked why players keen to represent India would not consider acquiring Indian citizenship.
A division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna was hearing petitions challenging the Board of Control for Cricket in India’s (BCCI) decision to restrict participation in its tournaments to Indian passport holders. According to Sportstar, the bench indicated that it was inclined to adjourn the matter, as the Centre has yet to file its affidavit.
‘Why Don’t You Take Indian Citizenship?’ Court Asks OCI Cricketers
The petition, filed by Kavin Kartik and 11 other young OCI cardholders, argues that the players live and study in India and are seeking permission to compete in domestic cricket tournaments organised under the BCCI.
Their counsel, Kunal Cheema, assisted by advocate Datta Mane, argued that playing in these competitions would allow the youngsters to build the statistics needed to pursue opportunities in tournaments such as the Indian Premier League (IPL).
The bench questioned why the players were unwilling to apply for Indian citizenship if representing the country was their objective.
“Why don’t you take Indian citizenship? If you are so desperate to represent India, why don’t you become an Indian citizen?” Chief Justice Tripathi was quoted as saying by Sportstar.
The court also observed that India had no shortage of cricketing talent and asked the petitioners to consider the implications of their request. However, it clarified that it was not forcing the players to give up their existing citizenship or acquire Indian citizenship.
Why Are OCI Cricketers Challenging The BCCI Rule?
The dispute centres on the BCCI’s decision to make an Indian passport mandatory for participation in tournaments organised by the board and its affiliated bodies. The restriction was introduced in 2023, ending the previous practice under which OCI cardholders could participate in domestic cricket.
The petitioners contend that they should be allowed to play in these competitions despite holding foreign passports. Their lawyers have argued that domestic cricket provides an important pathway for young players seeking to establish themselves and pursue professional opportunities.
Appearing for the BCCI, senior advocate Dr Birendra Saraf argued that the Citizenship Act does not allow OCI cardholders to represent India at the international level. He also submitted that the players could continue playing cricket through school and college competitions, private academies and other tournaments outside the BCCI’s jurisdiction.
The BCCI’s position is that participation in its domestic competitions cannot be claimed as a right to earn a livelihood.
Court Seeks Details Of Citizenship Applications
During the hearing, the BCCI informed the bench that some of the OCI cardholders had already applied for Indian citizenship and that their applications were being processed.
The court asked the BCCI, the Central government and the petitioners to provide details about the current status of these applications. The Centre is yet to file its affidavit in the case.
The matter is scheduled to be heard next on November 25, when the court will consider the parties’ submissions and receive further information on the pending citizenship applications.
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