Is Baichung’s contract legally valid?

Saturday, 20. June 2009 - Pit Ruddy

A new twist to the tale in the Mohun Bagan vs Baichung Bhutia saga. The question which has come up is if Baichung's contract with Mohun Bagan stands valid?

After having suspended Baichung Bhutia for six months Mohun Bagan officials have gone on to claim that on the basis of their 2-years contract the superstar has no other way but to don the maroon-and-green jersey one more time.’ The Sikkimese Sniper’ in a press conference has clarified clearly, he would rather sit out the entire season than donning the club jersey but Bagan officials are confident of having the last laugh. But are the officials aware of the legal loophole in their contract? It doesn’t seem so. Because if that would have been the case than they would have by this time been running from pillar to post to sort out the matter.

It is not that they didn’t give him a hearing before announcing suspension. It has nothing to do with All India Football Federation (AIFF) declaring ‘season’ to be from start of I-League to the end of it and thereafter all players  been treated as free footballers. It is not even the provision of a footballer crossing 28 years of age and been in the last year of his contract, thereby having the opportunity to opt out of the contractual binding. The lacunae of the contract between Baichung and Mohun Bagan is in context to AIFF’s Rule book Article 5.2 which deals with Regulation for Status and Transfer of Players. According to this rule, any club entering into a contract with a professional footballer must have the contract registered with the local governing body within 7 days of it been signed. It is reliably learnt that Mohun Bagan had not registered the contract till June 2008. The player’s legal councillors have acquired a copy of the registration book. Baichung had signed the contract with Mohun Bagan in April 2008. Mohun Bagan officials claim that the footballer after signing the contract had registered himself with the IFA (West Bengal). But the point they are missing out is that of the contract not been registered.

Which obviously raises the question, is Baichung’s contract with Mohun Bagan legally valid? Infact AIFF’s Rule Article 5.2 has been amended in 2007. Earlier it had the provision of registering a contract within 30 days from the day of execution.

The IFA secretary Utpal Ganguli when contacted on this matter stated, “ I have nothing to say. The matter will be placed in front of the governing body due to be held on 7th or 8th of July. All these points will come up there for consideration. We have to wait and watch.”

If the governing body rejects Bhaichung’s appeal it will be referred to the disciplinary committee and then on to the AIFF Players’ Status Committee. A senior IFA official on the assurance of anomity said, “It is sad but true that the club officials run an institution without having simplest of knowledge about rules.”  No wonder football in India is in such a chaotic shape off the field.

Meanwhile to add more to the chaos Baichung will come to the East Bengal tent on Monday, June 22 and sign a contract with the club. It is being regarded by the red-and-gold supporters as a homecoming of their beloved footballer. So no wonder the supporters will throng the club premises in huge numbers. Infact, the last time Baichung shifted from Mohun Bagan to East Bengal the red-and-gold brigade had gone on to win the ASEAN Club Cup.