Special Leave Petition Withdrawn; No Writ Relief Against BCCI Under Article 226 for FEMA Penalties

The SC dismissed the special leave petition as withdrawn, clarifying that the petitioner cannot seek writ relief against the BCCI under Article 226 for indemnification related to penalties imposed under FEMA by the ED. The Court held that since the matter does not involve discharge of a public function, BCCI is not amenable to writ jurisdiction in this context. However, the petitioner remains entitled to pursue civil remedies available under law.

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Summary: The Court "Delay condoned." Counsel conceded that a petition under Article 226 of the Constitution is not maintainable, but the petitioner "will be entitled to avail a civil remedy." Consequently, the special leave petition is "dismissed as withdrawn making it clear that the petitioner will be entitled to avail such civil remedies as may be available to him in law." The order disposes of any pending application(s). Essential legal reasoning: the petition was not pursued on merits under Article 226; rather, the disposition rests on counsel's concession and the petitioner's continued right to pursue appropriate civil remedies in accordance with law. The procedural relief granted was limited to condoning delay and dismissing the special leave petition as withdrawn, without adjudication of substantive claims.

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