Justice Katju has always been known for his dissenting remarks. He is recently in news for his strong vehemence against the Justice Lodha Committee for banning two IPL teams for next two years.
“Lodha Commission order banning IPL teams is illegal.” Katju said yesterday. Adding a legal point to support his statement he added that a commission appointed by the Supreme Court could not have legally issued a ban over the teams and the only power it had was to investigate and then make recommendations to the Court. He stressed on the point that the recommendations may have included an opinion for banning the teams but the sole decision would have rested on the Court after hearing both the parties.
“A Commission is only a fact finding body.” Katju asserted. He said that a Commission cannot arrogate to itself the power of issuing a mandamus and the power of the same rests only in the Court. He was in the strong opinion that the Lodha Commission order is clearly illegal.
Sanya Darakhshan Kishwar, Legal Intern