The BTC Writ Petition seeking Writ of Mandamus for grant of the license to conduct its racing activities was adjourned for Thursday after a brief hearing. Justice Bopanna who is hearing the matter had suggested to the government to form an interim committee to run racing during the pendency of writ petition to ensure that racing activities would not come to a standstill.

The government agreed to form a five-member team to run racing as an interim measure but the BTC opposed the move stating that racing under such an arrangement will not be recognized by the Turf Authorities of India forgetting the fact that racing was held under a Racing Undertaking formed by the Government of Tamil Nadu at Chennai in the mid-80s and the same was recognized by the Turf Authorities of India. If the court had given the ruling for an interim committee with a request to TAI to honour such an arrangement, it would have been surely welcomed because all turf clubs have been severely hit financially by the cessation of activities in Bangalore since September 1.

The Judge has posted the matter for disposal of the prayer for an interim order for Thursday. The survival of racing in Bangalore hinges on a positive outcome and not a prolonged battle of attrition. Early resumption of racing will depend on the stand the judge takes on the government’s memorandum. BTC’s dog in the manger attitude has been having a disastrous effect on horse racing in Bangalore with ramifications felt all over India. If BTC had not opposed the setting up of the interim committee, we could well have seen the resumption of racing in a matter of days.

The Advocate General, in his memo of submissions, stated that following the direction of the court in its order dated December 4 asking the government to explore the possibility of holding horse racing during the winter season through the supervision of a committee to be appointed specially for this purpose, the government was making the following submission. The government advocate stated that prime facie in view of the fact that appropriate regulations were required to be ensured, reviewing the present provisions, achieving greater transparency and fair conduct of the sports of horse racing, that incidentally involves betting, the government was agreeable to constitute a commission headed by a retired judge of the High Court assisted by three other officers (retired government officials preferably from all India services with their expertise on administration, policing and taxation to advise by a report on the way forward in regulating the racing activities and protecting the public interest. The said committee would go in detail about all the aspects of the conduct of horse racing and advise appropriate regulations/modifications in existing regulations, achieving transparency, fairness and encouragement of the sport of horse racing/riding.

The advocate stated that the primary objective was the concern for the gullible public, more particularly of that sections of society who are basically poor, who are tempted and encouraged to indulge in wagering but are reported to be, being exploited by malpractices, through a nexus built between a few of the management of the turf club (stewards), horse owners, jockeys and bookmakers. The government was desirous of ensuring and addressing the said issues and had called for a report and having taken note of the suggestions made by various stakeholders in the writ proceedings, subject to taking a suitable decision on obtaining a fuller and proper report, the government was willing to consider permitting the conduct of horse racing for the current season (winter race) under the supervision of a committee specially appointed for the purpose.

The advocate clarified that the members of the club would have all the benefits as members of the turf club except in the conduct of races. The horse owners would continue to have all facilities and privileges as available to them as horse owners. Trainers would continue to function as such with all facilities and benefits available to them and as such, all other stakeholders would also have continued treatment as before under the arrangement of overseeing/supervision of the conduct of races by the stipendiary stewards/professionals/employees) as indicated above and recording the same, permitting the said arrangement (also stipulating remunerations payable), this writ petition be disposed of or if found necessary adjourning it for four months making it as an interim order, in the interest of Justice.

Unfortunately, the BTC opposed the move and it is clear from their stand that they have no interest in the early resumption of racing. They want their privileges to be intact even in the negative environment. The members have taken a hostile stance on the government’s desire to broad base membership with 50 of its nominees to be made as members. The BTC members voted out the resolution in the Special General Body Meeting leading to a stalemate. The government had refused to give license to the club since September 1 following widespread allegations of doping, race fixing not only by some of the stakeholders, a government nominee, some club members and no less a person than its own chairman.

The stance of the members against the increase of membership under duress could have been justified in a social club like Bangalore Club or Century Club where the activities of the club are run by the members and funded by the income generated by such an activity. Bangalore Turf Club is not a private club but a deemed public limited company, with the primary reason for its existence, being the conduct of the sport of horse racing. The BTC members had an obligation to racehorse owners who had bought horses on the trust of being given a fair deal. The professionals and daily wage earners and sundry staff had been part of the club because of the trust factor that they would get a chance to make their livelihood. When the members took an aggressive stand without bothering about its impact, they abandoned their responsibility and put scores of people and other turf clubs into despair. Since their adamant approach had wider ramifications, one expected the senior members to show the way. Unfortunately, even the people identified as being wiser elements have proved that the perception of them was wrong. The members stand to lose nothing while those dependent on the sport lose everything. BTC’s self-goal has been a disaster for the sport. All the stakeholders including the staff of the club need to take a more pro-active stand in the litigation to ensure that their survival is not jeopardised.