‘Why not take Indian citizenship?’: Bombay HC asks 12 OCI cardholders challenging BCCI’s Indian passport rule
He also submitted that OCI cardholders were allowed to participate in such competitions until 2023, when the BCCI introduced the restriction. Cheema, meanwhile, said he would place international conventions before the court at the next hearing, scheduled for November 25, to argue that children have a right to choose their citizenship and should not be compelled to change it.
The petitioners are young cricketers who study and live in India, and their cases deserved consideration, according to the counsel. He said that even if they wanted to play in the IPL, they first needed domestic performances and statistics to establish their credentials. Responding on behalf of the BCCI, senior advocate Dr Birendra Saraf said the Citizenship Act did not permit OCI cardholders to represent India at the international level. He cited tournaments such as the Ranji Trophy and said the petitioners could continue playing in school and college competitions, private academies and other tournaments outside the board’s jurisdiction. The bench said the country had considerable domestic talent and that the players would have to make a choice.
Playing in these competitions would allow them to build up their performance records, which could help them qualify for the likes of Indian Premier League (IPL). Cheema argued that the restriction created a barrier to the players’ cricketing ambitions. The BCCI’s rule prevented them from building that record through its tournaments. He also referred to the Central government’s position that only Indian citizens could play for the country. Saraf argued that the BCCI invests in identifying, training and developing players through its domestic competitions. The Chief Justice reiterated that the petitioners were free to pursue education and play cricket but questioned why they insisted on participating in BCCI-run tournaments without taking Indian citizenship.