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However, the apex court, while dismissing Zee's petition, had also
suggested that some lower court could take up such cases under Article
226. The three-two split SC ruling is important, as the Indian cricket
board’s case would have a major impact on the autonomy of various
sports bodies in the country and their subsequent functioning.
Zee Telefilms had contended that the BCCI was a 'State' as it was
selecting the Indian team and was given de facto recognition by
the Indian government to carry out its functions. The petition had
requested the apex court to scrutinise the Board’s action of cancelling
the bid for telecast under writ authority.
Zee Telefilms had originally won the cricket rights by bidding
the highest amount of $ 260 million on 5 September, 2004 amongst
other competitors that included ESPN Star Sports ($ 230 million),
Indian pubcaster Prasar Bharati ($ 150 million), Sony Entertainment
TV India ($ 140 million) and Dubai-based Ten Sports ($ 115 million).
Subsequently, as a drama unfolded revolving around the bidding
process and various aspects of it, including technical criteria,
Zee committed another Rs 940 million for the development of domestic
cricket. ESS too, got into the act and upped the ante with a mind-boggling
bid figure of $ 308 million, which Zee subsequently matched to be
awarded the rights.
Then ESS, apart from legally challenging the award of the telecast
rights by BCCI to Zee, later approached the Supreme Court seeking
legal redressal against cancellation of the bidding process by the
cricket board.
Also Read:
BCCI not
a 'State': Supreme Court
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