Bombay High Court questions justification to reduce police cover dues for cricket matches; says 'something amiss'

Mumbai: The Bombay High Court on Tuesday questioned the justification behind reducing and waiving police protection charges levied during cricket matches in Maharashtra with a retrospective effect from the year 2011, and said "something is amiss".

The Maharashtra government had said the decision to do so was taken keeping in view the financial benefits to the state exchequer by conducting such matches in the state. It had also claimed that the security fees charged in other states was much less in comparison.

A public interest litigation (PIL) was filed by RTI activist Anil Galgali, challenging the state's decision to reduce the rate for police protection provided to the cricket matches held in the state with a retrospective effect from 2011.

A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar on Tuesday wondered as to how the state government could even compare a match held in Mumbai to the one held in a city like Kanpur or Lucknow.

"Is the security expenditure incurred in a match held in Mumbai the same as the one held in Lucknow? What is this justification? Something is amiss," CJ Upadhyaya said.

Senior advocate Milind Sathe, representing the state, informed the bench that there had been demands and protests by the cricket associations regarding lower rates in other states.

Following this a decision was taken to reduce the fees retrospectively.

The court, however, noted that at the time when the match was held, the organisers knew that they were liable to pay.

"You (government) could have provided the security without charge but you had issued a government resolution (in the past fixing charges for security cover for matches) and made them know that they will be charged. They hosted the matches and now after 10 years, you are revising the fees," the court said.

The bench, while posting the matter for further hearing on December 17, directed the Board of Control for Cricket in India (BCCI) and the Mumbai Cricket Association (MCA) to file their affidavits in response to the petition.

As per Galgali's plea, the police were yet to recover arrears of Rs 14.82 crore from the MCA for the IPL matches held from 2013 to 2018 at the city's Wankhede and Brabourne stadiums.

As per two Government Resolutions (GRs) issued in the years 2017 and 2018, the organisers had to pay around Rs 66 to Rs 75 lakh per T20 and One Day match, and Rs 55 lakh for a Test match held at these two stadiums in the city.

However, in June 2023, the government issued a new GR reducing the price for a T20 and One-Day match to Rs 25 lakh, the plea said.

Galgali in his plea said the GR had a retrospective effect from 2011 and thus it waived the arrears to be paid by the organisers.

The plea said that in 2021, the Mumbai police had raised a demand of Rs 14.82 crore to the MCA for providing police protection for the games organised between 2013 and 2018 at the Wankhede and Brabourne stadiums.

As per the information obtained under the Right to Information Act, the police have so far sent 35 letters to the MCA seeking payment of the dues, the petition said. Besides this, no serious effort has been taken by the police to recover the dues, it said.

The plea sought the high court to quash the June 2023 circular issued by the government to the extent that it is applicable from 2011 and hence binding on the recovery of the Rs 14.82 crore arrears from the MCA.

It also sought a direction for the police department to take steps to recover the arrears along with appropriate interest.