NEW DELHI, | JUNE 30, 2025 — The Supreme Court on Monday allowed former Indian Premier League (IPL) chief Lalit Modi to approach a civil court with his plea seeking directions to the Board of Control for Cricket in India (BCCI) to pay a penalty of ₹10.65 crore imposed on him by the Enforcement Directorate (ED).
A Bench comprising Justices PS Narasimha and R Mahadevan was hearing Modi’s appeal challenging the Bombay High Court’s dismissal of his plea.
BACKGROUND OF THE CASE
The Bombay High Court had earlier dismissed Modi’s writ petition as “misconceived” and imposed costs of ₹1 lakh on him. The plea had sought directions to the BCCI to pay the ₹10.65 crore penalty imposed by the ED for alleged violations of the Foreign Exchange Management Act (FEMA) during the 2009 IPL season held in South Africa.
ARGUMENTS BEFORE THE SUPREME COURT
Before the Supreme Court, Modi’s counsel argued that the matter fell within the scope of writ jurisdiction under Article 226 of the Constitution of India. He submitted that similar interim relief had been granted to other officials, including former BCCI chief N Srinivasan.
“In appellate proceedings under the Prevention of Money Laundering Act, 2002 (PMLA), others who were slapped with similar penalties by the ED — including former BCCI chief N Srinivasan and other officials — have got interim relief,” Modi’s counsel said.
The Bench questioned,
“Why have they not given it (interim relief) to you?”
To which Modi’s counsel responded,
“It is personal…But in all fairness, when I filed it before an appellate authority of PMLA — not only was I a party but Mr. N Srinivasan and other officers were also parties. The interim order protects these people on the same footing, saying that BCCI should deposit ₹10 crore. That order is also placed on record.”
He further added,
“All I am saying is that, today, in case that appeal is not held in my favour — ultimately it is an interim order — I may at least be relegated to a civil suit.”
SUPREME COURT’S DECISION
The Supreme Court allowed Modi to withdraw his plea and granted him liberty to approach a civil court.
“Then we will say that…You withdraw this, your rights are kept intact to approach the court by filing civil suit,” the Court stated.
Accordingly, the plea was disposed of.
“(Counsel for Lalit Modi) very fairly stated that even if the petition under Article 226 is not maintainable, the appellant should be entitled to avail civil remedies…Recording this statement, the Special Leave Petition is disposed of,” the order read.
CONTEXT OF ED PENALTY
The ₹10.65 crore penalty on Modi was part of a broader investigation by the ED into the 2009 IPL season, during which over ₹243 crore was allegedly transferred outside India in violation of FEMA rules.
In 2018, the ED imposed total penalties amounting to ₹121.56 crore on multiple parties, including the BCCI, its then-chairman N Srinivasan, and other officials.
