The Bombay High Court imposed a cost of INR 1 lakh on former cricket administrator Lalit Modi as fine while dismissing his petition seeking an order to BCCI to pay a penalty of INR 10.65 crore imposed on him by ED for violating the Foreign Exchange Management Act (FEMA).

A bench of Justices Mahesh S Sonak and Jitendra S Jain in its order observed that the plea was “frivolous” and needed to be dismissed. The costs will be payable to Tata Memorial Hospital in the city.

While filing a petition, Modi in his plea said that he was appointed the vice-captain of the Board of Control for Cricket in India (BCCI), during which period he was also chairman of the Indian Premier League governing body, a subcommittee of the BCCI.

Modi in his plea claimed that BCCI is supposed to indemnify him as per laws.

However, the HC bench in response recalled a Supreme Court judgment of 2005 which said the BCCI does not fall under the definition of ‘State’ as defined under Article 12 of the Constitution of India.

Despite clear orders from the apex court, Modi has filed this petition in 2018, the HC bench noted.

“In matters of alleged indemnification of the petitioner (Modi) in the context of penalties imposed upon the petitioner by the ED, there is no question of discharge of any public function, and therefore, for this purpose, no writ could be issued to the BCCI," HC said.

“In any event, the reliefs are wholly misconceived. This petition is frivolous, and accordingly, we dismiss this petition," the court said and directed Modi to pay a sum of Rs 1 lakh to Tata Memorial Hospital within four weeks.