Supreme Court Dismisses Lalit Modi's Plea Regarding ED Fine Payment

Supreme Court's Ruling on Lalit Modi's Petition

The Supreme Court has rejected Lalit Modi's petition, which sought an order for the Board of Control for Cricket in India (BCCI) to pay a fine of ₹10.65 crore imposed by the Enforcement Directorate (ED) for violations of the Foreign Exchange Management Act (FEMA).

However, the bench comprising Justice P.S. Narasimha and Justice R. Mahadevan stated that Lalit Modi retains the right to seek legal remedies available under the law.

Previously, on December 19 of last year, the Bombay High Court had imposed a fine of ₹1 lakh on Lalit Modi and dismissed his petition requesting that the BCCI be directed to pay the ₹10.65 crore fine levied by the ED for FEMA violations.

The High Court remarked that the petition was entirely misleading, as the judicial authority under FEMA had already imposed the fine on Lalit Modi. In his petition, Modi claimed that he was appointed as the vice-president of the BCCI and also served as the chairman of a subcommittee of the Indian Premier League governing body during that time.

The petition asserted that the BCCI should compensate him according to its regulations. However, the High Court bench referenced a Supreme Court ruling from 2005, which clarified that the BCCI does not fall under the definition of 'state' as outlined in Article 12 of its constitution.

The High Court noted that Lalit Modi filed this petition in 2018, despite clear directives from the Supreme Court. It stated, 'There is no question of public duty concerning the alleged compensation sought by the petitioner (Lalit Modi) regarding the fine imposed by the ED, and therefore, no writ can be issued to the BCCI for this purpose.'

The court concluded, 'In any case, granting relief is entirely inappropriate. This petition is trivial, and accordingly, we dismiss it.' It also ordered Lalit Modi to pay ₹1 lakh to the Tata Memorial Hospital within four weeks.