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SC refuses to entertain plea challenging cricket team’s portrayal as Team India
Lawyer Reepak Kansal moved the Supreme Court after the Delhi high court in October dismissed his plea arguing BCCI is a private association
The Supreme Court on Thursday refused to entertain a petition challenging the Board of Control for Cricket in India (BCCI)-managed team’s portrayal as Team India, terming it frivolous. “...the petition is totally frivolous and ought to have been dismissed with costs,” said a bench of Chief Justice of India Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi.
Lawyer Reepak Kansal moved the Supreme Court after the Delhi high court in October dismissed his plea. He said the BCCI-selected team is projected as Team India on official national broadcasting platforms, Doordarshan and All India Radio, without any government authorisation, approval, or recognition.
The bench asked Kansal, “What is your problem? The issue would be relevant if the government of India comes up and says that someone is usurping the name of India, being a private society.”
The bench noted that had the high court dismissed the petition with exemplary costs, he would not have dared to file an appeal. It was inclined to impose a ₹10 lakh cost. Kansal’s lawyer pleaded that the petitioner had approached the court for the love of the game. The bench later agreed to drop the portion of the cost from its order.
Kansal’s plea argued that BCCI cannot become Team India’s owner. It noted that the BCCI is a private association registered under the Tamil Nadu Societies Registration Act. The plea said it is not a national sports federation recognised under the National Sports Development Code of India.
The plea said the code authorises only recognised federations to use the word India in their name, select teams to represent the country at international forums, and receive governmental recognition and financial assistance.
The bench told Kansal, “...both the BCCI and the team selected by it enjoy the blessings of the Centre.” It observed that there are no rival claims for India’s official cricket team. “If suppose 2-3 teams claim I am the actual team selected, or if there is rivalry between two groups, we can understand that a dispute needs to be settled.”
The bench referred to Australian tycoon Kerry Packer’s World Series Cricket in the 1970s, rivalling official cricket. “Thankfully, we do not have a Kerry Packer in India.”
