Date:30/09/2004 URL: http://www.thehindubusinessline.com/2004/09/30/stories/2004093003010600.htm

Back Centre says BCCI is a `state'

Our Bureau

New Delhi , Sept 29

ZEE Telefilms, which has challenged the Board of Control for Cricket in India's (BCCI) decision to cancel the telecast rights tender, today found an ally in the Government. Supporting Zee Telefilms on the issue of maintainability of its petition, the Government stated in the Supreme Court that the BCCI was a `state' within the meaning of constitutional provisions.

The Additional Solicitor-General, Mr Mohan Parasaran, appearing for the Centre, submitted before a five-judge Constitution Bench headed by Mr Justice Santosh Hegde, that the Board came under the purview of the definition of `state' under Article 12 of the Constitution. The Centre's stand is opposite to the BCCI claim that it was a private autonomous body having no links with the Government, either administratively or financially, and hence did not fall within the writ jurisdiction of the Supreme Court.

Counsel for BCCI, Mr K.K. Venugopal, said that the Centre could not be allowed to take a stand contradicting the one adopted by it earlier before the Delhi High Court, where in one matter it had categorically stated that BCCI was not a `state.' To resolve this conflict, the Bench has asked Mr Parasaran to take instruction and ask his client to file an affidavit on this issue by Thursday.

Counsel for Zee Telefilms, Mr Harish Salve, today argued that its writ petition was maintainable as the BCCI performed a public duty in selecting the national team.