Petition to ban Bangladesh team from cricket
The Delhi High Court on Wednesday (January 21) refused to hear a petition seeking a ban on the Bangladesh cricket team from all international cricket. The petition was filed alleging violence against the Hindu community. The court did not accept it as a public interest litigation.
A bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tejas Kariya initially questioned the admissibility of the petition. The court said that the petition is a matter of foreign policy and international relations. The power to take such decisions lies with the government, not the court.
The bench observed that the court cannot be asked to take policy decisions on matters of other countries. It cannot be asked to investigate any matter outside the borders of India. The Chief Justice said that under Article 226 of the Constitution, no directions can be given against foreign governments, international sports bodies or cricket boards of other countries.
The court also said that the petitioner has sought directions against the ICC, Bangladesh Cricket Board and Sri Lanka Cricket Board. Indian courts have no jurisdiction over these bodies. The bench warned the petitioner that such a case is a misuse of public interest litigation. It wastes the court’s time. If necessary, a hefty fine may be imposed.
Solicitor General of India Tushar Mehta was present at the hearing for the BCCI. He said that the Bangladesh Cricket Board and the Sri Lanka Cricket Board have also been made parties in the case. Which is beyond the jurisdiction of the court.
The court repeatedly told the petitioner that a writ cannot be issued against any foreign cricket board. The court cannot decide how a government should behave with another country. The Chief Justice said that a public interest litigation cannot be filed based on imagination or personal opinion. It must have some legal basis.
The court also rejected the petitioner’s attempt to rely on a Pakistani judgment. The court said that the Indian Constitutional Court does not follow the Pakistani judicial system. Finally, in the face of objections from the bench, the petitioner, who identified himself as a law student, sought permission to withdraw the case. The court allowed the petition to be withdrawn.
The Chief Justice said that the petitioner should engage in more constructive work. He said such an application is not legally sustainable and unnecessarily burdens the court. The court order said, “The applicant has been informed that the application is not acceptable, therefore he has applied for its withdrawal. The application is dismissed as withdrawn.”
Source- NDTV

