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BCCI argues Zee writ not maintainable

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NEW DELHI: Arguments relating to the Indian cricket rights issue opened today in the Supreme Court. The Indian cricket board and ESPN-Star Sports were the first to present their point of view and both questioned the maintainability of the writ petition filed by Zee Telefilms challenging cancellation of exclusive telecast rights purported to have been granted to it earlier.

Senior counsel KK Venugopal, appearing for the Board of Control for Cricket in India (BCCI), raised objection against the maintainability of the Zee petition at the very outset of the hearing today before a five-judge constitutional Bench.

Venugopal argued that since the BCCI was neither a state nor an instrumentality of the state within the meaning of Article 12 of the Constitution, the Zee petition was not maintainable and it should be dismissed.

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The five-judge bench comprises Justices N Santosh Hegde, SN Variava, BP Singh, HK Sema and SB Sinha.

Reiterating that Zee’s petition is not maintainable, Venugopal argued that the BCCI cannot be termed to be under any government control as it is an autonomous body and does not receive any funds from the Central or the state governments and does not have any government representative on its board.

“So far as cricket is concerned, it’s not part of the government. It’s a sport, an entertainment,” Venugopal argued, trying to suggest that the government does not have any direct or indirect control over the BCCI, which is free to conduct the affairs of sports as it chooses.

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What Venugopal did admit in the court today, where the hearing began around 10:30 am to a near-packed house and continued non-stop till the lunch break, was that like any other apex body of sports in the country, the BCCI is the apex sports body for cricket in India, “recognised by the government (of India).”

According to Venugopal, BCCI’s funding is not regulated by the government and the only way that government diktat can seem to be running over the cricket board relates to the Societies Registration Act, under which BCCI is registered as a non-profit organisation.

To a question from one of the judges as to who exercises the rights on telecast rights, BCCI counsel submitted that the cricket board has the “right to choose who should get the telecast rights.”

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It was also pointed out that BCCI is one of the member bodies of the International Cricket Council (ICC). But at this point one of the judges did observe that BCCI is member of the ICC as the country’s cricket representative because the government of India recognises it and the cricket board is dependant for its status on the government.

While concluding his lengthy arguments, which had references to the Council of Scientific and Industrial Research (CSIR), Venugopal said since the BCCI, amongst other things, conducts its own business, “no part of its functioning can be treated governmental.”

The arguments for ESPN-Star Sports were presented by former advocate-general Soli Sorabjee and was on similar lines to the petition it filed in the Bombay High Court challenging the “initial” award of the cricket rights to Zee.

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ESPN-Star Sports has contended, amongst other things, the following in its counter-affidavit in the Supreme Court today:

* There is no concluded contract between Zee Telefilms and the BCCI

* Zee had failed to disclose the fact to Bombay High Court that a careful reading of the draft letter of intent (from the BCCI) highlighted that that the LoI was not a conclusive understanding between BCCI and Zee on the telecasting and broadcasting rights.

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* Though there’s an arbitration clause (in the cricket tender document), Zee has dragged the matter to the court.

* The invitation to tender required the broadcasters to have at least two years of experience and that Zee gets disqualified under clause 2 of the tender document, read with clause 3.2 b.

* Zee’s counsel had admitted in the Bombay High Court that Zee does not have the necessary experience required.

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* Valuation by PriceWaterhouse Cooper (PwC), the audit firm that vetted the various bids, was an essential criterion of the tender process. The failure to involve PwC for the purpose of a full and proper evaluation has resulted in the entire process being liable to be set aside.

The apex court had yesterday issued notices to BCCI, ESPN-Star Sports, PwC and the government of India on a petition filed by Zee challenging the cancellation of the award of cricket match telecast rights to it.

Zee’s counsel Harish Salve could not conclude his arguments today.

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In its petition, Zee has said the cricket board had entered in a malafide manner to cancel the award of telecast rights to it and alleged that the entire drama before the Bombay High Court was enacted to benefit one foreign sports channel.

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Awards

Hamdard honours changemakers at Abdul Hameed awards

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NEW DELHI: Hamdard Laboratories gathered a cross-section of India’s achievers in New Delhi on Friday, handing out the Hakeem Abdul Hameed Excellence Awards to figures who have left their mark across healthcare, education, sport, public service and the arts.

The ceremony, attended by minister of state for defence Sanjay Seth and senior officials from the ministry of Ayush, celebrated individuals whose work blends professional success with a sense of public purpose. It was as much a roll call of achievement as it was a reminder that influence is not measured only in profits or podiums, but in people reached and lives improved.

Among the headline awardees was Alakh Pandey, founder and chief executive of PhysicsWallah, recognised for turning affordable digital learning into a mass movement. On the sporting front, Arjuna Awardee and kabaddi player Sakshi Puniya was honoured for her contribution to the game and for pushing women’s participation onto bigger stages.

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The cultural spotlight fell on veteran lyricist and poet Santosh Anand, whose songs have echoed across generations of Hindi cinema. At 97, Anand accepted the honour with characteristic humility, reflecting on a life shaped by perseverance and hope.

Healthcare honours spanned both modern and traditional systems. Manoj N. Nesari was recognised for strengthening Ayurveda’s place in national and global health frameworks. Padma shri Mohammed Abdul Waheed was honoured for his research-backed work in Unani medicine, while padma shri Mohsin Wali received recognition for his long-standing contribution to patient-centred care.

Education and social development also featured prominently. Padma shri Zahir Ishaq Kazi was honoured for decades of work in education, while former Meghalaya superintendent of Police T. C. Chacko was recognised for public service. Goonj founder Anshu Gupta received an award for his dignity-centred rural development initiatives, and the Hunar Shakti Foundation was honoured for empowering women and young girls through skill development.

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The Lifetime Achievement Award went to former IAS officer Shailaja Chandra for her long career in public healthcare and governance, particularly in the traditional systems under Ayush.

Speaking at the event, Hamdard chairman Abdul Majeed said the awards were a tribute to those who combine excellence with empathy. “These awardees reflect Hakeem Sahib’s belief that healthcare, education and public service must ultimately serve humanity,” he said.

Minister Seth struck a forward-looking note, saying India’s young population gives the country a unique opportunity to become a global destination for learning, health and wellness by 2047.

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The ceremony also featured the trailer launch of Unani Ki Kahaani, an upcoming documentary starring actor Jim Sarbh, set to premiere on Discovery on 11 February.

Instituted in memory of Unani scholar and educationist Hakeem Abdul Hameed, the awards have grown into a national platform that celebrates those building a more inclusive and resilient India. For one evening at least, the spotlight was not just on success, but on service with substance.

 

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