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EXPLAINED: Why Did Bombay High Court Question Waiver Of Rs 14 Crore IPL Security Fee?

On August 29, 2024, the division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar expressed their skepticism about the state's rationale for waiving the substantial security fee

EXPLAINED: Why Did Bombay High Court Question Waiver Of Rs 14 Crore IPL Security Fee?

In a gripping turn of events, the Bombay High Court has raised serious concerns regarding the Maharashtra government's decision to waive Rs 14 crore owed by the Indian Premier League (IPL) organizers for police security services provided between 2011 and 2018. The court’s scrutiny over this decision has captured public attention, underscoring the complex intersection of sports, governance, and fiscal responsibility.

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Unveiling the Controversy

On August 29, 2024, the division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar expressed their skepticism about the state's rationale for waiving the substantial security fee. This decision followed a public interest litigation (PIL) challenging a 2023 Government Resolution (GR) that retroactively reduced the fees for police deployment at IPL matches.

The PIL, filed by RTI activist Anil Galgali, contends that the June 26, 2023, GR set the new fee structure for police services at Rs 10 lakh per T20 match and Rs 25 lakh per one-day or Test match. The PIL highlights that between 2011 and 2018, arrears amounting to Rs 14.8 crore were accrued by the Mumbai Cricket Association (MCA), which was responsible for hosting IPL matches in Mumbai.

The Court’s Critique

Chief Justice Upadhyaya did not mince words, questioning the state's decision to not only reduce but also waive the arrears. "Prima facie we don't find any rationale for the state to have not only reduced the payment for deployment of police force but also to have waived the arrears," the Chief Justice remarked during the hearing. This critique emphasizes the court’s concern about the potential implications of such a waiver on state finances and public accountability.

Addressing the state's pleader Jyoti Chavan, the Chief Justice highlighted a disparity in state policies: "What is this? What are you doing? You keep on increasing water charges even from slum dwellers. You know BCCI [Board of Control for Cricket in India] is the richest cricket association globally..." The court’s comments underscore a broader criticism of inconsistent policy decisions that affect various segments of society differently.

The IPL and Mumbai’s Financial Landscape

The Bombay High Court’s remarks reflect a deeper debate about the financial implications of high-profile sporting events in Mumbai. The IPL, known for its grand scale and commercial success, attracts large crowds and substantial revenue. The court pointed out that matches in Mumbai are held in packed stadiums, suggesting that the city's economic conditions and the high-profile nature of IPL games justify a more stringent approach to fee collection.

The court’s directive for the Maharashtra government to file an affidavit within two weeks to explain the decision further highlights the need for transparency and accountability in how public funds and fees are managed. The affidavit must detail the steps taken to recover the arrears and justify the waiver.