New Delhi: The Delhi High Court on Wednesday strongly criticised a law student for filing a Public Interest Litigation seeking to bar Bangladesh from participating in the upcoming men’s T20 World Cup over alleged atrocities against the country’s minority Hindu population.
The petition also urged the International Cricket Council to allow Bangladesh to take part in international cricket tournaments only after ensuring that the country was not involved in human rights violations. The plea further sought the constitution of an independent ICC commission to investigate alleged persecution, mob violence, temple vandalism and other rights violations against Hindus in Bangladesh.
A Bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia questioned the very basis of the petition and expressed displeasure over what it described as a misuse of judicial time. The court asked the petitioner’s counsel, Devyani Singh, what prompted the filing of such a plea, remarking that not every issue that captures an individual’s imagination could become the subject of a writ petition.
The judges also raised doubts about the maintainability of the plea, pointing out that the ICC is an international body and questioning whether it fell within the jurisdiction of the High Court. The Bench advised the petitioner to exercise restraint and pursue more meaningful causes.
Observing that the petitioner was a law student, the court said she should focus on constructive work instead of filing petitions that unnecessarily burden the judiciary. It warned that if the petitioner insisted on pressing the matter, heavy costs could be imposed.
Solicitor General Tushar Mehta, appearing for the Board of Control for Cricket in India, informed the court that apart from the ICC, the petition had also named the Sri Lanka Cricket Board, the Bangladesh Cricket Board and the Bangladesh High Commission as respondents.
The Bench made it clear that no directions of the kind sought could be issued to international organisations or foreign entities. It said the court could not step into policy-making, particularly in matters related to foreign affairs, which fall squarely within the domain of the executive.
The judges remarked that no writ could be issued to the Bangladesh High Commission, the ICC, or foreign cricket boards, nor could the court direct the Government of India to act in a specific manner concerning events in another country. Such decisions, the court said, were the prerogative of the Ministry of External Affairs.
Following the court’s observations, the petitioner was allowed to withdraw the PIL.
