In a strong rebuke, the Delhi High Court on Wednesday decisively dismissed a Public Interest Litigation (PIL) that sought to prevent the Board of Control for Cricket in India (BCCI) from referring to its players as the “Indian cricket team.” The court labelled the plea a “sheer wastage” of valuable judicial time.
A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela criticized advocate Reepak Kansal, the petitioner, who argued that because the BCCI operates as a private entity and not a government-recognized sports federation, it lacks the authority to use the “Team India” designation.
The court promptly rejected this argument, with Justice Gedela sharply questioning, “Are you suggesting this team does not represent India? This very team, which travels globally representing our nation, you claim does not represent India? Why is it not Team India?”
Chief Justice Upadhyaya echoed this sentiment, emphasizing the frivolous nature of the petition. “This is a complete waste of the court’s time and your own. Can you name any national team in any sport chosen by government officials? Whether it’s at the Commonwealth Games, Olympics, or in sports like hockey, football, or tennis – are they not representing India?”
Kansal’s PIL asserted that the BCCI, registered under the Tamil Nadu Societies Registration Act, is neither a statutory body nor a “State” under Article 12 of the Constitution. He further alleged that using “India” or the national flag for the team violated the Emblems and Names (Prevention of Improper Use) Act, 1950, and the Flag Code of India, 2002.
However, the Bench unequivocally dismissed these allegations. They noted that simply using the national flag or name for representation in sports does not constitute misuse.
The court posed a simple question: “If you wish to unfurl a flag in your own home, are you forbidden from doing so?”
The judges also highlighted that major international sports organizations, such as the International Olympic Committee (IOC), actively discourage government intervention in sports administration.
Ultimately, the court concluded by dismissing the PIL, reaffirming that India’s cricket team, irrespective of the BCCI’s private operational status, fully represents the nation in all aspects.