Sugath Kulatunga.

Cricket has today become virtually the national game of Sri Lanka. It is played in different forms of hard ball to soft ball games in the urban playgrounds and in the village fields. It is watched and enjoyed by spectators of all ages and means. The brilliant performance of our women’s team has enhanced the popularity and the glamour of the game. Cricket has been a unifying influence in our fractured communities. The game has brought both fame and funds to the country. Our international performance in the game gave the populace a solace in these hard times.

The Auditor General has in recent reports revealed grave irregularities in the conduct of the affairs of the SLBDC. The recent fiasco suffered by our team at the World Cup has made the public infuriated with the Cricket Administration i.e., the Sri Lanka Cricket Board (SLCB). The maladministration, alleged corruption and the impunity of the Board have outraged all cricket lovers and the general public. In this background the Minister of Sports urged by the public and acting under his powers in the Sports Law suspended the SLBDC and appointed an Interim Committee consisting of retired Judicial Officials and Arjuna Ranatunga as its Chairman. The response of the public at this well-meant action of the Minister has been commended and celebrated by cricket lovers as well as the public supporting clean management of Sport Bodies.

The action of the Minister of disbanding the SLBDC and his attempt to amend the Sports Law has today become a hot potato in the hands of the President. He appears to be peeved that the Minister did not consult him before appointing the Interim Committee. The Minister very rightly points out the Sports Law does not require him to consult the Cabinet or the President before using his powers under the Sports Law. The President in turn has appointed a Cabinet Sub Committee report on the issue. The Minister insists that he will give up his Ministry but not revoke his decision. Bravo Minister-hold a straight bat. Appointing a Cabinet subcommittee to report on an issue is acceptable although it is an act already done. (stare decisis). But on the draft bill on the Sports Law the cabinet paper has been referred to a non-cabinet VIP for report. This is unusual and a slight on the Minister and even the Cabinet.

On the disbanding of the SLBDC the Court of Appeal has issued a 14-day stay order preventing the operation of the interim Committee. The details of the complaint and the interim order are not yet known. But the three basic principles in granting an interim order are said to be- prima facie case; balance of convenience; and irreparable injury. The balance of convenience test weighs the benefits to the plaintiff and the public against the burden on the defendant.

The interim injunction could lead to irreparable repercussions unless the order has preventive instructions to safeguard the evidence which the Interim Committee was required to look into. The 14 days of return to office of the SLBDC to their haunts would be more than adequate to destroy and conceal vital evidence of their misdeeds. The Minister of Sports disclosed in Parliament on November 7, 2023, that in anticipation of the suspension  SLBDC has written a large number of cheques to shift funds. The only way to prevent destruction of evidence the Minister could act as in the Soviet Aeroflot case to get the Attorney General to advance the case on interim order. The cricket loving public could keep a vigil in the vicinity of the SLBDC to discourage removal of files.

The President does not seem to feel the heat of the potato in his hands. It could become a political boomerang as bad as the CEB price hikes. President’s action is certainly not cricket!!

Sugath Kulatunga.