Date:29/09/2004 URL: http://www.thehindubusinessline.com/2004/09/29/stories/2004092902500400.htm

Back Zee has not met eligibility criteria: ESPN-Star

Our Bureau

New Delhi , Sept. 28

ESPN-Star Sports (ESS) has once again contended that Zee Telefilms does not satisfy the eligibility criteria for acquiring the telecast rights for the matches organised by the Board of Control for Cricket in India (BCCI).

ESS has claimed before the Supreme Court that Zee has never produced any live or delayed international cricket and does not own a production unit.

In a counter affidavit filed today, ESS prayed before the Court that Zee's petition seeking telecast rights be dismissed.

The sports broadcaster said that it had withdrawn its petition in the Bombay High Court only because the BCCI made a statement cancelling the tender.

The counter affidavit also said that Zee Telefilms's contention that the board was hostile towards the Indian broadcaster and in favour of the contract being awarded to ESS was contrary to the record and the allegations and conspiracy were "reckless and baseless."

Earlier in the day, BCCI counsel, Mr K.K. Venugopal, argued before a five-judge constitution bench headed by Mr Justice Santosh Hegde that the petition filed by Zee challenging the cancellation of the tender process was not maintainable and should be dismissed.

He said that the board was an autonomous body, promoting cricket in India and had nothing to do with the Government.

Zee, on its part, argued that the writ petition against BCCI was maintainable as the board enjoyed a virtual monopoly of over control of the game of cricket in India.

Mr Harish Salve, counsel for Zee Telefilms, said that no cricket could be organised in the country without the involvement of the BCCI.

He said that in the area of sports where exclusive rights are granted to a body that is recognised to regulate the sport in the name of the country, the issue assumes a far larger dimension than public entertainment. "It changes the character of the organisation from a pure private body to a public authority."

He said that the Government has filed affidavits stating that the Centre recognises the board as controlling cricket in India.

When the Court asked under which rule the Centre had recognised the BCCI as the apex body to control the game of cricket, the Additional Solicitor-General, Mr Mohan Parasharan said: "The Government as of now has recognised only BCCI as the apex body to control the game of cricket and does not want to recognise any other body in the field."

PwC offers to work for free

When it comes to cricket, even accounting firm PricewaterhouseCoopers (PwC) is willing to work for free.

The BCCI had appointed PwC to assist it during the bidding process and was willing to reimburse the expenses, but the latter decided to waive off the fee.

"PwC will do this for the cause of cricket and there will be no charge," said a PwC communication to the BCCI.

The board had wanted a senior official from PwC to be physically present at the time of the opening of the bids.

After the bids were read out by the BCCI official and notarised by a notary public, the documents were handed over to the PwC official.