bombay-hc-questions-oci-cricketers-over-bcci-passport-rule

The Bombay High Court has asked young cricketers holding Overseas Citizen of India (OCI) cards to consider applying for Indian citizenship if they want to represent the country. The observation came while the court was hearing a challenge to the Board of Control for Cricket in India’s (BCCI) requirement that players must hold an Indian passport to participate in its tournaments.

 

A division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna heard petitions filed by 12 OCI cardholding cricketers. The bench indicated that the matter should be adjourned after hearing the arguments.

 

The petition was filed by Kavin Kartik, an OCI cardholder. It stated that the young players live and study in India and are seeking permission to participate in domestic cricket tournaments. Their counsel, Kunal Cheema, assisted by advocate Datta Mane, submitted that playing in domestic competitions would also make them eligible to pursue participation in the Indian Premier League (IPL).

 

The bench observed that India has no shortage of talented cricketers and questioned why those seeking to represent the country were not applying for Indian citizenship.

 

“Why don't you take Indian citizenship? If you are so desperate to represent India, why don't you become an Indian citizen?” Chief Justice Tripathi asked. He said the players would have to choose between retaining their OCI status and applying for an Indian passport.

 

The cricketers had previously played domestic cricket under the BCCI before restrictions were introduced in 2023 under the board’s policy.

 

Senior advocate Dr Birendra Saraf, appearing for the BCCI, argued that the Citizenship Amendment Act does not permit OCI cardholders to represent India at the international level. He also submitted that the petitioners could not claim cricket as a means of livelihood.

 

After hearing the petitioners’ submissions, the bench clarified that it was not directing the OCI cardholders to change their citizenship.

 

Instead, the court asked the BCCI, the Centre and the petitioners to provide details about the present status of citizenship applications submitted by the OCI cardholders who are seeking Indian citizenship.

 

The Centre has not yet filed its affidavit in the case. The matter will next be heard on November 25.