The Delhi High Court on Wednesday dismissed a Public Interest Litigation (PIL) seeking to prevent the Board of Control for Cricket in India (BCCI) from referring to its players as the "Indian cricket team," calling the plea a "sheer waste" of judicial time.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela reprimanded the petitioner, counsel Reepak Kansal, for claiming that because the BCCI is a private group rather than a government-recognised sports federation, it has no right to refer to its side as "Team India."
The court quickly rejected this line of argument.
“Are you saying the team doesn’t represent India? This team, which is going everywhere and representing India, you are saying they don’t represent India? Is it not Team India? If it is not Team India, please tell us why it is not Team India,” Justice Gedela questioned sharply, as per Times of India.
Chief Justice Upadhyaya was equally firm, calling the petition a frivolous use of court time.
He stated: “It is sheer wastage of the court’s time and your own time. Tell us about a national team in any sport that is selected by government officials. Whether it’s the Commonwealth Games, Olympics, hockey, football, or tennis — are they not representing India?”
Kansal's PIL argued that the BCCI, which is registered under the Tamil Nadu Societies Registration Act, is not a statutory entity or a "state" under Article 12 of the Constitution. It further claimed that referring to the squad as "India" or using the national flag breached the Emblems and Names (Prevention of Improper Use) Act of 1950 and the Flag Code of India, 2002.
However, the Bench dismissed these claims, observing that using the flag or national name for representation in sports does not amount to misuse.
“If you want to unfurl a flag in your house, are you prohibited from doing so?” the court remarked.
The judges also mentioned that international sports organizations, such as the International Olympic Committee (IOC), prohibit government involvement in sports administration. Finally, the court dismissed the PIL, stating that India's cricket team, regardless of the BCCI's private status, represents the country in every way.
