Delhi HC dismisses plea to bar Prasar Bharati from calling BCCI team ‘Team India’

Bench comprising chief justice DK Upadhyay, justice Tushar Rao Gedela termed the petition filed by advocate Reepak Kansal a “complete wastage of the court’s time”

New Delhi: The Delhi High Court on Wednesday dismissed a petition seeking to bar government-funded broadcaster Prasar Bharati, which operates Doordarshan and All India Radio, from referring to the Board of Control for Cricket in India’s (BCCI) team as “Team India” or the “Indian National Team.”

The actions of Prasar Bharti, in projecting a private team as the Indian National team, amount to misrepresentation, the petition said. (Twitter)

A bench comprising chief justice DK Upadhyay and justice Tushar Rao Gedela termed the petition filed by advocate Reepak Kansal a complete “wastage of the court’s time.”

Kansal, in his petition, contended that the BCCI is a private body registered under the Tamil Nadu Societies Registration Act, and such a portrayal by public broadcasters implicitly conferred national status on the BCCI, amounted to misrepresentation, and conferred undue commercial advantage. “The actions of Prasar Bharti, in projecting a private team as the Indian National team, amount to misrepresentation,” the petition added.

According to the petition, the BCCI used the name India, the national flag, and other national symbols during its events and matches, and such telecasts by Doordarshan and All India Radio potentially violated the Emblems and Names (Prevention of Improper Use) Act, 1950, as well as the Flag Code of India, 2002, which regulate the use of the national name, flag, and symbols. “Arbitrary use of the national name India by a private body like BCCI, without any statutory mandate or notification, violated the principles of fairness,” the petition said.

Dismissing the petition, the court remarked that the use of the Indian flag by the BCCI during its events and its telecast by public broadcasters did not constitute a violation of any law.

“Today any private person can unfurl the flag. If you want to unfurl a flag in your house, are you prohibited from doing so? Where is the violation of Section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950? Are you saying the team does not represent India? This (BCCI’s) team, which is going everywhere and representing India, you are saying that they don’t represent India? Is it not Team India? If it is not Team India, please tell us why it is not Team India?” the bench said.

“Are you aware of how the entire ecosystem in sports functions? According to you, if the government officials in the Department of Sports select the team, then only that team will be representing India? This is sheer wastage of the court’s time. You should file better Public Interest Litigations (PILs). We’re inclined to dismiss it,” it added.