New Delhi, January 22
Delhi High Court today directed the Government and the Reserve Bank of India to ensure that no foreign exchange was released from the country as sponsorship for the cricket World Cup if the Indian team is not allowed to participate in the tournament.
A Division Bench comprising acting Chief Justice Devinder Gupta and Mr Justice B.D. Ahmed also said in such an eventuality, the three Indian official sponsoring companies — Pepsi, Hero Honda and LG — should stand restrained from advertising in the World Cup matches.
“In the event of Indian players or Indian team being disqualified or debarred from participating in the World Cup or not being allowed participation or any penalty or damages is imposed upon players or the BCCI or any punitive action being taken against the players or the BCCI, the Union and RBI will ensure that appropriate executive action is taken so that no foreign exchange is released and no other benefit or concession is given to the sponsors,’’ the judges said.
“The official sponsors, who admittedly are within the jurisdiction of this court, in such an event shall stand restrained from advertising in the World Cup 2003 matches,’’ they added.
The Bench said the court would also entertain the petition filed by former BCCI President N.K.P. Salve, former skipper Kapil Dev and others seeking for an early resolution of the World Cup cricket contract imbroglio as a public interest litigation (PIL).
In view of the imminent threat of the outflow of money generated in this country in the backdrop of the allegations made in the petition, the court need not deal elaborately the parameters and guidelines laid down in various decisions by the Supreme Court in entertaining petition, as PIL, the judges said.
At least two parameters for entertaining a petition as a PIL had been satisfied in the case, they said.
First, the concern shown by the petitioners was not individual but was an interest shared in common by millions of people of this country about the international event where the Indian cricket team was likely to be ousted or debarred from participating, they added.
“The petition also satisfied another parameter, that judicial
law making is necessary to avoid exploitation when the allegations are that though about 80 per cent revenue would be generated in India by telecasting the cricket matches and the revenue so earned would be transmitted out of the country for being used for profitable gains by others even when the entire nation is deprived of viewing its national team as the team’s participation is in jeopardy.’’
“So even if India does not play the World Cup, money generated in India would ensure the benefit of the ICC. This, prima facie, appears to be within the realm of exploitation. As such the objection that this petition be not entertained as PIL has to be turned down.’’
The court said for granting the interim relief it was not concerned with the contractual rights between the ICC, BCCI and players but only with the imminent threat due to which there was likelihood or possibility of punitive action being taken against the Indian team or the players, or they being debarred from participation.
The respondents were asked to file their replies to the PIL within two weeks and February 18 was fixed as the next date of hearing in the case.
UNI
