The Delhi High Court on Wednesday dismissed a plea seeking directions to restrain the Board of Control for Cricket in India (BCCI) from referring to the national cricket team as the Indian cricket team.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela pulled up the petitioner, advocate Reepak Kansal, for filing the public interest litigation (PIL).
"Are you saying the team doesn’t represent India? This team, which is going everywhere and representing India, you are saying they don’t represent India?. Is it not Team India? If it is not Team India, please tell us why is it not Team India," Justice Gedela remarked.
Chief Justice Upadhyaya said that PIL was a sheer wastage of the court's time.
"It is sheer wastage of the court’s time and your own time... Tell us about a national team, in a single sport which is selected by the government officials. Whether the Indian contingent taking part in the Commonwealth Games, Olympics... Are they selected by the government officials? Do they not represent India? Hockey, football, tennis, anything, any sport," the Court remarked.
It said that just because the team used Indian flag does not mean it is in violation of the law.
"If you want to unfurl a flag in your house, are you prohibited from doing so?"
Further, the Court underscored that the international bodies have often been against government interference in sports.
"Are you aware as to how the entire exccosystem in sports function? Are you aware of the rules of IOC [International Olympic Committee]? Are you aware of the Olympic charter? Olympic movement? Are you aware that in past, wherever there has been government intervention in sports, the IOC has come down heavily," the Court remarked.
Ultimately, the Court dismissed the PIL.
The Public Interest Litigation (PIL) filed by Kansal argued that the BCCI is a private entity registered under the Tamil Nadu Societies Registration Act and is not a statutory body or State within the meaning of Article 12 of the Indian Constitution.
It said that the Ministry of Youth Affairs and Sports has clarified through multiple Right to Information (RTI) replies that the BCCI is not recognised as a National Sports Federation (NSF) nor supported financially by the government as one.
Despite this, government media platforms continue to refer to the BCCI cricket team as “Team India” or the “Indian National Team” and use Indian national symbols such as the flag during cricket broadcasts, the plea argued.
"This practice amounts to misrepresentation and could potentially violate the Emblems and Names (Prevention of Improper Use) Act, 1950 and the Flag Code of India, 2002, which regulate the use of the national name, flag and symbols," the plea stated.
It added that the misuse of the national name and flag by the public broadcasters not only misleads the citizens of India but also erodes the sanctity of national identity and symbols, which should be protected as a matter of constitutional propriety and public trust.
Therefore, Kansal sought to restrain BCCI from portraying the team as national team.
He also sought directions to national broadcaster Prasar Bharti from "projecting the cricket team of the BCCI" as Team India or the Indian National Team.