The Bombay High Court has made it clear to a group of young cricketers holding Overseas Citizen of India (OCI) cards: if you are so keen to play for India, then become an Indian citizen.
The observation came while the court was hearing petitions filed by 12 budding cricketers who are challenging a BCCI rule. The rule makes it compulsory to have an Indian passport if a player wants to take part in any tournament organised by the BCCI.
A bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna was hearing the case of one of the petitioners, Kavin Kartik. The Central Government has also been made a party in the case, but it has not yet filed its reply. Because of this, the court was initially thinking of postponing the hearing. However, the lawyers for the players, Kunal Cheema and Datta Mane, requested the court to hear the matter now.
They said the players only want permission to play domestic tournaments so that they can build their performance records (stats). These stats are important if they want to get picked for bigger leagues like the IPL. The lawyers also pointed out that till 2023 there was no such ban, and the BCCI brought this rule only later.
The court, however, noted that India already has a lot of young cricket talent. The judges said it is possible that some Indian players raised objections against OCI card holders playing in domestic tournaments, and that is why the BCCI brought the rule.
Chief Justice Tripathi asked the lawyers whether any developed country like the UK, US or Germany allows outsiders to play for their national team while their own citizens are waiting for a chance. When the lawyers said OCI holders can work as doctors and lawyers in India, the Chief Justice replied that they still cannot get government jobs or appear for civil services. He asked why the BCCI should be forced to open the door for them.
The players’ lawyer explained that even to play in the IPL, a cricketer needs domestic match experience and stats, which they cannot get right now because of the passport rule.
The BCCI’s lawyer, senior advocate Birendra Saraf, told the court that the law does not allow OCI card holders to play for India at the international level. He said the players cannot claim cricket as their right to livelihood. He added that the BCCI spends money on training and developing players, and the petitioners can still play cricket at school, college or private academy level, or simply play it as a hobby.
The players’ side argued that sports is an important part of a child’s education and overall growth, and OCI holders also have the right to education. The Chief Justice responded that the same logic does not allow them to appear for government exams. He said they can study and play cricket, but they cannot insist on playing under the BCCI while keeping their OCI status.
He told them directly: if you are so desperate to represent India, why don’t you take Indian citizenship? You cannot have both the benefits of an OCI card and the right to play for India. He also said India has plenty of talent and should set a clear standard.
The BCCI’s lawyer said the board would be happy to welcome these players if they become Indian citizens. The players’ lawyer said he would show some international rules on the next date which say that children should have the freedom to choose their citizenship and should not be forced to change it. The court clarified that nobody is forcing them to change citizenship, the suggestion was made only because they are insisting on playing for India under the BCCI.
The BCCI also informed the court that some players have already applied for Indian citizenship and their applications are under process. The court has asked the BCCI, the Central Government and the petitioners to update it on the status of these applications on the next hearing.
The case will be heard again on November 25.
This is not the only time OCI status has come up in the Bombay High Court recently. Actor Imran Khan, who is a US citizen and OCI card holder, has also approached the same High Court after the Foreigners Regional Registration Office (FRRO) in Mumbai issued him a “Leave India” notice. The notice asked him to leave the country by October 28 after he took part in a protest against the Chief Election Commissioner at August Kranti Maidan on October 10.
Mumbai Police had briefly detained him during the protest. The action followed a complaint by BJP leader Kirit Somaiya. The FRRO later also sent him a show-cause notice asking why his OCI card should not be cancelled.
Imran Khan has challenged the notice in the High Court, calling it arbitrary, but the fact remains that he is not an Indian citizen and still chose to join the protest.
