HC questions state govt decision to retrospectively reduce police bandobast charges for BCCI, MCA

Mumbai: The Bombay high court on Tuesday voiced scepticism over the Maharashtra government’s recent decision to retrospectively reduce and waive police protection charges exceeding ₹15 crore for cricket matches held in the state since 2011. This reaction follows a public interest litigation (PIL) filed by RTI activist Anil Galgali, which challenges the legality of the state’s decision.
During the hearing, a division bench of chief justice DK Upadhyaya and Justice Amit Borkar questioned the rationale behind the state’s move. “Is the security expenditure incurred in a match held in Mumbai the same as the one held in Lucknow? What is this justification? Something is amiss,” said chief justice Upadhyaya, expressing concern over the policy’s fairness.
The Maharashtra government defended its decision, arguing it aimed to boost the state’s revenue from hosting cricket events by making fees more competitive. Senior advocate Milind Sathe, representing the state, highlighted that cricket associations had pressed for rate reductions, citing lower fees in other states. However, the court pointed out that organisers, including the Mumbai Cricket Association (MCA) and the Board of Control for Cricket in India (BCCI), were aware of these financial obligations from the outset.
“You (government) could have provided the security without charge, but you had issued a government resolution in the past fixing charges for security cover for matches,” said chief justice Upadhyaya. “They (BCCI and MCA), having knowledge of the government resolution, sought security for various tournaments that they held, and now you are reducing the charges—this is how the action looks.”
Affidavits filed by Maharashtra’s Director-General of Police (Accounts), Deputy Commissioner of Police, and the principal secretary of the home department revealed that the MCA owes approximately ₹13 crore, while over ₹4 crore is pending from the BCCI. According to the Director General of Police’s affidavit, although the BCCI has paid ₹20.63 crore, ₹4.31 crore remains to be settled, while ₹13.40 crore remains unpaid by the MCA for various events, including international and T20 matches.
The state’s principal home secretary noted that the MCA had formally requested a reduction in police bandobast fees for 2011 matches, citing significantly lower charges in other states. Consequently, to promote cricket events like the IPL and to stimulate economic activity, the home department opted to lower these rates retrospectively.
Galgali’s plea underscores the unresolved arrears, asserting that ₹14.82 crore remains unpaid by the MCA for IPL matches held between 2013 and 2018 at Mumbai’s Wankhede and Brabourne stadiums. According to government resolutions issued in 2017 and 2018, organisers were expected to pay between ₹66 lakh and ₹75 lakh for each T20 or One-Day International match and ₹55 lakh for Test matches. However, in June 2023, the government revised these rates, lowering the T20 and One-Day match fees to ₹25 lakh.
The petition further alleges that since 2021, the Mumbai police have sent 35 reminders to the MCA to settle these dues, but without significant enforcement efforts. Galgali’s plea calls for the high court to nullify the June 2023 circular as it retroactively applies to fees from 2011, waiving outstanding dues from the MCA. The petition also requests that the police be directed to recover these arrears with applicable interest.
The court has scheduled further hearings on December 17, instructing the MCA and BCCI to respond to the petition in the interim.