Move civil court: Supreme Court on Lalit Modi plea to make BCCI pay penalty imposed by ED

The Supreme Court on Monday said that former Indian Premier League (IPL) chief Lalit Modi may approach a civil court with his plea seeking directions to the Board of Control for Cricket in India (BCCI) to pay a fine imposed on him by the Enforcement Directorate (ED)..A Bench of Justices PS Narasimha and R Mahadevan was dealing with Modi's appeal challenging the Bombay High Court's dismissal of his plea in the matter. .The High Court had earlier slapped ₹1 lakh costs on Modi for moving a writ petition in the matter, which it had termed 'misconceived.'.The plea sought directions to the BCCI to pay a penalty of ₹10.65 crore imposed on Modi by the ED for violating the Foreign Exchange Management Act (FEMA) in relation to the 2009 season of IPL.Before the Supreme Court today, Modi's counsel asserted that the matter can be subjected to writ jurisdiction under Article 226 of the Constitution of India. This position is clear from case laws, he said. He added that in appellate proceedings under the Prevention of Money Laundering Act, 2002 (PMLA), others who were slapped with similar penalties by the ED - including former BCCI chief N Srinivasan and other officials - have got interim relief. "Why have they not given it (interim relief) to you?" the top court asked Modi's counsel today. "It is personal...But in all fairness, when I filed it before an appellate authority of PMLA - not only was I a party but Mr. N Srinivasan and other officers were also parties. The interim order protects these people on the same footing, saying that BCCI should deposit ₹10 crore. That order is also placed on record," the lawyer replied. .He went on to submit,"All I am saying is that, today, in case that appeal is not held in my favour - ultimately it is an interim order - I may at least be relegated to a civil suit.""Then we will say that...You withdraw this, your rights are kept intact to approach the court by filing civil suit," the Court responded.Accordingly, the plea before the Supreme Court was disposed of."(Counsel for Lalit Modi) very fairly stated that even if the petition under Article 226 is not maintainable, the appellant should be entitled to avail civil remedies...Recording this statement, the Special Leave Petition is disposed of," the top court ordered..The penalty on Modi was part of a larger investigation by the ED into the 2009 season of IPL, where over ₹243 crore was allegedly transferred outside India in contravention of FEMA regulations. IPL 2009 was held in South Africa.In 2018, the ED imposed a total penalty of ₹121.56 crore on several parties, including the BCCI, its then-chairman N Srinivasan and others.Modi’s share of the penalty was set at ₹10.65 crore.