The Supreme Court on Thursday dismissed a public interest litigation (PIL) seeking to restrain public broadcaster Prasar Bharati from referring to the Board of Control for Cricket in India (BCCI)’s squad as the “Indian national cricket team” or “Team India”. Calling the petition “frivolous”, the Court declined to entertain the challenge and endorsed the Delhi High Court’s earlier decision rejecting the plea.
A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, expressed strong displeasure at the filing of such petitions, stating that they waste judicial time.
“You just start sitting at home and draft petitions. What is the problem in all of this? Don’t burden the court,” the CJI remarked during the hearing.
The Court upheld the Delhi High Court’s order dated October 8, 2023, which had dismissed the PIL filed by advocate Reepak Kansal. The High Court had found no merit in the plea, which alleged that referring to the BCCI’s squad as “Team India” was a misrepresentation, given that the cricket body is a private entity.
The apex court, in dismissing the special leave petition, further observed that the absence of exemplary costs in the High Court may have emboldened the petitioner to approach the Supreme Court.
The petitioner argued that BCCI, being a private society and not recognised as a National Sports Federation or a “public authority” under Section 2(h) of the Right to Information Act, 2005, should not be allowed to project its team as “India’s national team”. The plea further claimed that the usage of national symbols and nomenclature such as “Team India” violates laws like the Emblems and Names (Prevention of Improper Use) Act, 1950, and the Flag Code of India.
“Are you saying that the team does not represent India? The team which is going and playing everywhere, they are misrepresenting?” the bench questioned.
The bench made it unequivocally clear that there was no substance in the argument. “Forget about the BCCI, if Doordarshan or any other authority projects it as Team India, is it not Team India?” the Court asked rhetorically.
Calling it a “sheer wastage” of time, the bench indicated that such challenges undermine the dignity of judicial processes.
The BCCI, although a private entity, selects and manages the Indian cricket team that participates in international competitions under the name “India”, with the approval and recognition of global governing bodies such as the International Cricket Council (ICC). Prasar Bharati, as the national broadcaster, often refers to the team as “Team India” in its coverage and commentary.
With this ruling, the top court has once again clarified that symbolic objections without tangible legal substance do not merit the Court’s time.
