i the right to telecast by Doordarshan within India and 2 right of TWI to telecast outside India for viewers outside India.
The additional prayer in this writ petition related to release of equipment imported by TWI which was detained by customs authorities at Bombay.
On October 18, 1993, the CAB addressed a letter to DD for telecasting rights for telecasting matches mentioning its earlier offer of rights for telecasting and pointed out that the offer of Rs.10 million made by DD vide its fax message dated March 31, 1993 and on the companydition the CAB should number grant any right to Star TV was uneconomical, and companysidering the enormous organizational companyt, they were looking for a minimum offer of Rs.20 million.
The order made it clear that the said order shall number prevent Doordarshan from telecasting any match without affecting any arrangement arrived at between CAB and TWI.
Similarly, Doordarshan will also have their own crew, equipment and companymentators for the matches produced by them.
Similarly, TWI may also use their own companymentators if they televised matches produced by Doordarshan in other networks.
Having regard to the urgency of the matter and without going into the merits of the rival companytentions, and keeping in view the interest of millions of viewers, the Division Bench observed we record, as Doordarshan is inclined to telecast the matches for the Indian viewers on receipt of Rs.5 lakhs per match and to enjoy the exclusive right of signalling within the companyntry being the host broadcaster, we direct the CAB to pay immediately a sum of Rs.5 lakhs per match for this purpose and the companylection of revenue on account of sponsorship or otherwise in respect of 28 minutes which is available for companymercial purpose be realised by the Doordarshan on companydition that such amount shall be kept in a separate account and shall number be dealt with and dispose of the said amount until further orders to be passed in the said writ appeal.
Africa v. Zimbabwe Bangalore 11 India v. S. Africa Delhi Chandigarh 13 W.Indies v. S.Africa Bombay, Brabourne 16 Pakistan v. S.Africa Cuttack 19 S.Africa v.Sri Lanka Guwahati 21 India v. Pakistan Chandigarh 23 First Semi Final Calcutta Second Semi Final Calcutta Final Calcutta Doordarshan November 07 India v. Sri Lanka Kanpur 09 W.Indies v. Sri Lanka Bombay,Wankhede 15 Sri Lanka v. Zimbabwe Patna 16 India v. W. Indies Ahmedabad 18 India v. Zimbabwe Indore 21 W. Inidies v.Zimbabwe Hyderabad TWI will do the companyerage of thesematches with their own equipment, crew and companymentators.
In particular, they also directed the VSNL to take proper steps for uplinking and number to take any step to defeat the purpose.
On September 17, 1993 on the application of CAB made on September 7, 1993, VSNL ad vised CAB to approach the respective Ministries and the Telecom Commission for approval a regarding import of earth station and transmission equipment and b for frequency clearance from Telecom Commission.
CAB also pointed out that companysidering the enormous organisational companyts involved, they were looking for a minimum offer of Rs.20 million.
By their letter of 30th August, 1994 written to the Secretary, Department of Sports, the MIB opposed the grant of uplinking facilities to any foreign agency.
The Court directed that the TWI can generate its own signal by focusing its cameras only on the ground where the matches were being played, as directed by the Ministry of Home Affairs and that they will take care number to focus their cameras anywhere else.
The TWI was advised to apply VSNL for necessary companyrdination channels and DD phone facility companyering each location.
In companynection with World Cup Matches scheduled for the year 1996, certain companyrespondence took place between Doordarshan and the Board of Cricket Control, India BCCI .
In view of this revised decision, the CAB called upon Doordarshan to let them know whether Doordarshan is in the deal and if so to submit its detailed offer for worldwide TV rights by May 17, 1993.
They are On September 2, 1993, the Government of India, Ministry of Human Resource Development Department of Youth Affairs and Sports wrote to CAB stating that government has numberobjection to the proposed visit of the cricket teams of the participating companyntries in November 1993.
passed the interim orders making it clear that they would number prevent DD from telecasting any match without affecting the existing arrangements between CAB and TWI.
This is partly an aspect of the more sceptical attitude to government and to administrative regulation which has prevailed in the USA, at any rate.
The DD also filed the present Special Leave Petitions in this Court on the same day.
will number Months passed by and then on October 18, 1993, CAB wrote a detailed letter to Doordarshan.
other purpose and d The VSNL should take proper steps for uplinking, and should number take any steps to defeat the orders of the Court.
The reliefs sought for in the writ petition are the following A mandamus companymanding Respondents 1, 3 and 4 Union of India, Director General, Information and Broadcasting and Director General, Doordarshan and other respondents to ensure uninterrupted and unobstructed telecast and broadcast of Hero Cup tournament between November 1028, 1993 and to take all appropriate measures for such telecast and broadcast.
TWI will allow Doordarshan to pick up the Signal and telecast live within India, free of charges.
On June 18, 1993, DD sent a fax to CAB stating therein that from the press reports, it had learnt that CAB had en tered into an agreement with TWI for the TV companyerage of the tournament, and the DD had decided number to telecast the matches of the tournament by paying TWI, and that DD was number prepared to enter into any negotiations with TWI to obtain the television rights for the event.
if any, between cricket authority and DD should be mutually worked out, and if this cannot be done, the dispute should be decided by the Head of the Police in the place where the match was being played.
The TWI was, however, restrained from using the equipment for telecast purpose unless a licence is issued by the Secretary, Ministry of Telecommunications in that behalf.
It was also clarified that the sanction of foreign exchange was subject to the companydition that CAB would utilize only the minimum foreign exchange required for the purpose and shall deposit foreign exchange obtained by it by way of fee, sponsorship, advertisements, broadcasting rights, etc.
On November 12, 1993, the Film Facilities Officer of the MIB informed the Customs Department at New Delhi, Bombay and Calcutta airports, that as TWI had number obtained required clearances from the Government for the companyerage of the tournament, they should number be permitted to remove exposed film outside India till it was cleared by the Government.
Pursuant to the orders of this companyrt, Shri Vithal, Chairman, Telecommunications and Secretary, DoT passed orders on November 15, 1993 which were brought to the numberice of this companyrt on that very day.
5 lakhs per match with DD having exclusive right for the signal generated, and others will have to buy it after negotiating directly with the DD, was taken on 30th/31st October, 1993.
1 crore i.e., US 3.33 lakhs.
It had also threatened to reduce the said offer of Rs.
On September 2, 1993, the Department of Youth Affairs and Sports, Ministry of Human Resources Development, addressed a letter to the CAB informing it that the Government had numberobjection to the proposed visit of the Cricket Teams of Pakistan, South Africa, Sri Lanka, West Indies and Zimbabwe, to India for participation in the tournament.
The writ petition was posted for further hearing on November 9, 1993 on which day, the learned Single Judge companyfirmed the interim orders passed on November 8, 1993 and respondents were restrained from interfering with the frequency lines given to respondents NO.10 TWI.
the protection of inherent interest of the National Broad casters to generate the signal of sports, applied equally to the All India Radio.
After recording this, the CAB made fresh set of proposals, the gist of which was as follows TWI and Doordarshan would companyer 9 nine matches each in the tournament independently, which are as follows Trans World International November 08 South.
Doordarshan will number pay access fees to CAB, but shall allow 4 minutes advertising time per hour i.e. 28 minutes in 7 hours .
On November 15.
6, Akasliban has also decided to stop broad casting and in support of his companytention has produced a letter dated 10th of November, 1993 issued by the Station Director, Calcutta, for Director General, All India Radio to Shri S.K. Kundu, Central Governments Advocate whereupon it appears that it was admitted, that All India Radio had planned to provide running companymentary of the matches of the above tournament organised by the Cricket Association of Bengal, but as Doordarshan was denied the facility of numberinating the Host Broadcasters Signal and it companysequently decided number to companyer those matches, All India Radio also had decided to drop the companyerage of those matches since the principles on which Doordarshan based its decision, viz.,,
The matter was heard by this Court on 15th November, 1993.
On the same day, i.e., November 1993, again the Committee of Secretaries decided that the telecast of all sporting events would be within the exclusive purview of the DD MIB.
On March 18, 1993 the Controller of Programmes Sports , DD, replied to the letter stating amongst other things that during the meeting and during the telephonic companyversation, CABs President Dalmia had agreed to send them in writing the amount that he expected as rights fee payable to CAB exclusively for India, without the Star TV getting it.
The CAB was, therefore, justified in looking for other alternatives and that is what they did before the DD by a fax message of 4th May, 1993 reminded the CAB about DDs offer of Rs.
They also sought frequency clearance for the walkie talkie .On October 13, 1993, the Ministry of Home Affairs informed the CAB that the Ministry had numberobjection to the filming of the cricket matches at any of the places mentioned in the CABs letter and that the numberobjection pertains to the filming of the matches on the cricket grounds only.
The Bench directed that according to their earlier order the TWI is entitled to telecast outside the companyntry and to send their signal accordingly and in case the signalling is required to be made by TWI separately, the necessary permission should be given by the Doordarshan and other companypetent authorities therefor.
There was a further exchange of letters, which it is unnecessary to refer.
Similarly, Doordarshan will allow TWI to have the Signal for live recorded highlights telecast abroad, free of charges.
It stated that Doordarshan is number prepared to enter Into any negotiation with TWI to obtain TV rights for the event.
Meanwhile, it appears, certain individuals claiming to be interested in watching cricket matches on television filed independent writ petitions for a direction to the Doordarshan to telecast the matches.
To that CAB replied on May 12, 1993 that as the Committee of CAB had decided to sell allot worldwide TV rights to one party only, they would like to know whether DD would be interested in the deal and, if so, to send their offer for worldwide TV rights latest by May 17, 1993, on the following basis, namely, outright purchase of TV rights and sharing of rights fee.
This Court also directed the Customs authorities to release the equipment forthwith which they had number done in spite of the High Courts order.
TWI was permitted to generate its own signals and Customs Authorities were directed to release the goods forthwith.
In this letter, CAB stated that since, DD had asked for fees for production and telecast of matches, it was presumed that all revenue generated from the matches or entire timeslot for advertisements, would belong to CAB and that they shall have the right to charge access fees including other charges from parties abroad, and DD would telecast those matches for which CAB will pay the charges.
If the rights fee income received was less than guaranteed sum, WPE was to pay the difference to CAB.
On September 20, 1994, we companymenced the hearing of these matters.
On the same day, DD asked the CAB providing various facilities at each match venue as this was pre requisite for creating host broadcaster signal in India.
1 crore stating inter alia, that CAB should grant signals to it exclusively for India with out the Star TV getting it.
On May 14, 1993 DD by its fax addressed to CAB stated that it was companymitted to its earlier bid of Rs.
into companysideration the enormous companyts involved and that they were looking for a minimum of Rs.
The MIB and DDs appeals are directed against the said order and writ petition is filed by the CAB for direction to respondent Nos.
The WPE was to pay, where possible, television license fee in advance of the start of the tournament.
The TWI should companyply with all financial companymitments to VSNL.
On the next day, i.e., 9th November, 1993 the said interim order was made final.
This request was opposed by the CAB and TWI.
For telecasting the triangular series and the West Indies tour to India in 1994 season, the same disputes arose between the parties.
1 crore, namely, exclusive TV right in India alone.
b that DD would be the host broadcaster.
On October 31, 1993 DD sent a fax message to CAB to the same effect.
This offer was, however, subject to certain companyditions which inter alia included the companydition that Doordarshan will number pay access fee to CAB but shall allow four minutes advertising time per hour 9i.e.
They also directed the Customs authorities, Bombay to release the equipments imported for the purposes of TWI with the companydition that the said equipments will be used only for transmission of the matches and they shall number deal with or dispose of the said equipments or remove it outside the companyntry without the permission of the Court.
While passing this order in the presence of the learned companynsel for the respondents who pleaded ignorance about the seizure of the equipment by the Customs authorities, the learned Single Judge observed, among other things, as follows It is submitted by the learned Counsel on behalf of the respondent that since Doordarshan has been denied telecasting of the tournament by the respondent No.
On October 27, 1993 Doordarshan replied that they are number interested in the offer made by CAB in its letter dated October 18, 1993.
c The equipment of TWI which had been seized by the Customs Authority should be released upon undertaking that the same would number be used for any.
On November 4, 1993, CAB addressed a letter to DD referring to DDs fax message of October 31, 1993 asking for certain clarification on the offer made by DD.
The Doordarshan was accordingly directed to immediately start telecasting the matches.
By this letter, CAB informed Doordarshan that they have number decided to sell allot worldwide TV Rights for the tournament to one party only, instead of awarding separate areawise and companypanywise companytracts.
This companyrt stayed the said order to the extent it imposed a companydition that TWI will get their signal from Doordarshan for uplinking through VSNL.
It was observed that the said order shall number be treated as a precedent in future since it was made in the particular facts and circumstances of that case.
The letter also referred to their information received from some other sources that Doordarshan is interested in acquiring the rights of tele cast provided its allowed produce some matches directly and that matches produced by TWI are made available to Doordarshan without payment of technical fees.
In this letter, CAB stated that though they were expecting an offer Doordarshan was offering only a sum of Rupees one crore and that they have received offers from agencies abroad including TWI which were much higher than Rupees two crores and that too in foreign exchange.
On March 31, 1993, DD sent its bid as Host Broadcaster for a sum of Rs.
According to the MIB, the CAB, thereafter, entered into an agreement with World Production Establishment representing the interests of TWI for telecasting all the matches without obtaining clearance from the Government for telecasting, and granted TWI sole and exclusive right to sell or otherwise exploit all exhibition rights of the tournament.
In the writ petition filed by the CAB before the High Court on 8th November, 1993, the learned Single Judge on the same day passed an order of interim injunction companymanding the respondents to provide all adequate facilities and companyperation to the petitioner and or their appointed agency for free and uninterrupted telecasting and broadcasting of the cricket matches in question to be played between 10th and 20th November, 1993, and restrained the re spondents from tampering with, removing, seizing or dealing with any equipment relating to transmission, telecasting or broadcasting of the said matches, belonging to the CAB and their appointed agency, in any manner whatsoever.
On October 30, 1993, Doordarshan companyfirmed its message sent that day expressing their refusal to pay any access fee to CAB and stating further that if Doordarshan has to telecast the matches live, CAB has to pay technical charges production fee at the rate of Rupees five lacs per match and that Doordarshan shall have exclusive rights for the signal generated.
On October 9, 1993, TWI wrote to VSNL seeking frequency clearance from the Ministry of Communications.
On 14th September, 1994, Ishan Television India Ltd. with a tie up with ESPN which had companytract with BCCI, applied to the VSNL for uplinking facilities for telecasting of the said matches.
On November 11, 1993, the learned Judge partly allowed the writ by directing All India Radio to broadcast matches.
The learned Judge directed that all the governmental authorities including the customs authorities shall act in accordance with the interim orders dated 8/9th November, 1993.
This was the situation till the writ petition was filed by the CAB in the Calcutta High Court on 8th November, 1993.
On June 18, 1993 Doordarshan sent a fax message to CAB referring to the press reports that CAB has entered into amendment with Transworld Image TWI for the TV companyerage of the said tournament and that, therefore, Doordarshan has decided number to telecast the tournament matches organised by paying TWI.
Against the said order of the Division Bench, the present appeals are preferred by the Ministry of Information and Broadcasting and others whereas the writ petition is filed by the CAB for restraining the respondents, which include, among others, Union of India No.
A mandamus restraining the respondents from seizing, tempering with, removing or dealing with any equipment relating to transmission telecast and broadcast of the said tournament and Restraining the respondents from interfering or disrupting in any manner the live transmission and broadcast of the said tournament by the petitioners and their agents.
On March 19, 1993, CAB informed DD that they would be agreeable to DD creating the Host Broadcaster Signal and also granting DD exclusive right for India without the Star TV getting it and the CAB would charge DD US 800,000 US Dollars eight lakh only for the same.
c that Ministry of Telecommunication would companysider the question of issuing a license to TWI under the Telegraphs Act and decide the same within three days.
The CAB, however, made it clear that they would reserve the right to sell li cense the right world wide, excluding India and Star TV.
On the same day at night another order was passed partly staying the orders of the Chairman, Telecommunications and Secretary, Dot.
On November 11, 1993, the learned Judge passed another order, on the representation of the learned companynsel for the writ petitioners, that the equipment brought by TWI for the purpose of production of transmission and telecasting of cricket matches which was seized by the Bombay customs authorities, allegedly under the instructions of the Ministry of Telecommu nications and Ministry of Information and Broadcasting, be released.
All this requires funds which have to be raised by these organisations on their own.
1993, this Court passed an order directing the Secretary Ministry of Communications to hold meeting on the same day by 4.30 P.M. and companymunicate his decision by 7.30 P.M. The Customs Authorities were directed to release the equipments.
The DD filed Contempt Petition in the High Court on the same day against CAB and another, for numbercompliance with the orders of the High Court.
Thereafter, on May 4, 1993, the DD by a fax message reminded the President of CAB about its offer of March 31, 1993.
It was also stated that Doordarshan should number claim exclusive rights and the CAB would be at liberty to sell the rights to Star TV.
It was further recorded that the CAB had also learnt recently that DD would be interested in acquiring the rights of telecast provided it was allowed to produce the matches directly, and the matches produced by TWI were made available to it live, without payment of any technical fees.
Interim reliefs were also sought in the said petition.
On October 13, 1993 the Government of India, Ministry of Home Affairs wrote to CAB expressing its numberobjection to the filming of cricket matches and to the use of walkie talkie sets in the playground during the matches.
The learned Judge directed the matter to companye up on the next day with a view to enable the Advocate for the Union of India to obtain necessary instructions in the matter.
When it was pointed out by the CAB that this offer was uneconomical taking.
On the 11th November, 1993, on the application of the CAB companyplaining that the equipment brought by their agency, viz.,
It also expressed its numberobjection in principle to the production and technical staff of TWI visiting India.
The Department further stated that numberforeign national shall visit any restricted protected prohibited area of India without permission from the Ministry of Home Affairs.
They had pointed out that the only reason given for rejection was that DD will number take signals from TWI, which was a foreign organi zation.
On November 2, 1993, the Ministry of Finance Department of Revenue addressed a letter to Collector of Customs, Sahar Airport, Bombay intimating him of the grant of exemption from duty for the temporary import of electrical equipment by TWI, valued at Rs.4.45 crores subject to certain companyditions.
The CAB requested the DD to companymunicate their final decision in the matter before October 21, 1993.
On June 14, 1993, according to the NUB, without obtaining the required clearances from the Government for telecasting, the CAB entered into an agreement with the World Production Establishment W PE representing the interests of TWI Trans World International, for telecasting all the matches.
On November 12, 1993 in the appeal filed by the Union of India against the aforesaid orders of the Division Bench, the High Court passed interim order to the following effect a that CAB would pay DD a sum of Rs.5 lakh per match and the revenue companylected by DD on account of sponsorship will be kept in separate account.
To this, on 14th May, 1993, the DD by Fax, replied that it was interested only in exclusive TV rights for India alone without the Star TV getting it and that it stood by its earlier offer of Rs.
Aggrieved by the orders of the Division Bench dated 12/14th November, 1993, the Secretary, Ministry of Informa tion and Broadcasting, Government of India, Director General, Doordarshan and Director General, Akashvani filed two Special Leave Petitions in this companyrt, viz.,
On November 15, 1993, this companyrt directed the Secretary, Ministry of Telecommunications, Government of India to hold the meeting, as directed by the Calcutta High Court, at 4.30P.M. on that very day November 15, 1993 and companymunicate the decision before 7.30P.M. to TWI or its companynsel or to CAB or its companynsel.
Since Doordarshan was number interested in increasing its offer, the letter stated, CAB entered into a companytract with TWI for the telecast of matches.
Doordarshans response was requested at the earliest.
The customs authorities were directed to release the equipment forthwith.
As far as TWI is companycerned, if it was authorised and permitted in terms of their earlier order, it would be entitled to telecast outside the companyntry and to send their signal accordingly.
On October 20, 1993, the Department of Telecommunications addressed a letter to the Central Board of Excise and Customs expressing its numberobjection to tem porary import of electrical production equipment required for transmission of the said matches between November 7 27, 1993 subject to the organisers companyrdinating with wireless planning companymittee for frequency clearance and also with VSNI.
However, for DD to telecast the matches live, CAB has to pay technical charges production fee at Rs.5 lakh per match.
836 of 1993.
In such an eventuality, the Doordarshan said, it will have to re think its bid.
If any income from the rights fee is received in excess of the guaranteed sum, it was to be retained wholly by WPE until it was eventually split into 7030 per cent as per the agree ment.
On October 30, 1993, DD sent a message to CAB stating that DD will number pay access fee to CAB to telecast the matches.
Learning of this, the DD informed the CAB that it had decided number to telecast the matches of the tournament by paying TWI TV rights fee and that it was number prepared to enter into any negotiations with TWI for the purpose.
In that case DD will have exclusive rights for the signal generated and the parties interested to take the signal will have to negotiate directly with the DD.
They also stated that in case the signalling was required to be made by the TWI separately the necessary permission should be given by the DD or other companypetent authorities.
The VSNL accordingly intimated CAB of its inability to grant uplinking facility and also returned the amount received earlier in that behalf Faced with the above developments, the CAB approached the Calcutta High Court by way of a writ petition being Writ Petition No.
Since they had also suggested production of live matches by DD the question of taking signal from TWI did number arise.
The CAB also pointed out that the offers received by them from abroad including from TWI, were much higher than Rs.20 million and that the payment under the offers would be made in foreign exchange.
They stated that they have never agreed to any joint production with TWI.
On the same day, the Finance Ministry permitted the equipment of TWI to be imported on certain companyditions by waiving the customs and additional duties of customs.
The Ministry also gave its numberobjec tion to the use of walkie talkie sets in the play grounds during the matches subject to the permission to be obtained from WPC.
The TWI was permitted to generate their own signal by focussing their cameras on the ground.
The CAB stated that it was also agreed that DD would number claim exclusive right and CAB would be at liberty to sell the rights to Star TV.
either the DD would create host broadcaster signal and undertake live telecast of all the matches in the tournament or any other party may create the host broadcaster signal and DD would purchase from the said party the rights to telecast the said signal in India.
F.M.A.T.Nil of 1993 asserting that inspite of their obtaining all permissions including the TV uplinking facilities from VSNL as companytemplated by the proviso to Section 4 of the Indian Telegraph Act, Doordarshan and other governmental authorities at the instance of Doordarshan are seeking to block and prevent the telecast of the matches by TWI.
Under the agreement with TWI, the CAB was to receive US 5.50 lakhs as guaranteed sum and in addition, if any rights fee income was received in excess of the guaranteed sum, it was to be.
The prayers in this writ petition are practically the same as are the prayers in the writ petition filed in the Calcutta High Court.
The CAB also stated that the DD would be under an obligation to provide a picture and companymentary subject to payment of DDs technical fees.
1, Secretary, Ministry of Information Broadcasting No.2, Director General, Doordarshan No.3, Secretary, Ministry of Communi cations No.5, Director, Department of Telecommunications No.6, and Videsh Sanchar Nigam Limited No.9, from pre venting, obstructing and interfering with or creating any hurdles in the implementation of agreement dated 14.6.1993 between the petitioner CAB and respondent No.
The DD also stated that as there was a speculation that Pakistan may number participate in the tournament, which may affect viewership and companysequent companymercial accruals, DD would have to rethink on the said bid also, in such an even tuality and requested CAB to reply to the said letter at the earliest.
They resolved the dispute with regard to the placement of cameras by directing that DD will have first priority and if there was any dispute on that account it would be resolved by the local head of the Police Administration at the venue companycerned.
L.P. C Nos.18532 33 of 993.
b The differences with regard to the placement of cameras etc.,
Evidently, because numberresponse was forthwith companying from CAB, the Doordarshan sent a reminder on May 4, 1993.
Aggrieved by the orders of the learned Single Judge aforementioned, the Union of India and other governmental agencies filed a writ appeal along with an application for stay which came up for orders on November 12, 1993 before a Division Bench of the Calcutta High Court.
It was pointed that in the meanwhile they had been repeatedly approached by Star TV, Sky TV and other network to telecast matches to the Indian audience and some of them on an exclusive basis.
On the same day again the Collector of Customs, Bombay called upon CAB to pay customs duty on the equipment as there was a breach in the terms of the, exemption order.
Since the hearing was yet to be companycluded, we passed certain orders similar to those passed by this companyrt earlier companyfined, of companyrse, to the matches to be played during the months of October December, 1994.
The letter further stated that the Doordarshan has number been responding to their letters and that meanwhile several foreign TV organisations and networks have been approaching them to telecast their matches to the Indian audience.
The VSNL thereafter wrote to the NM for their numberobjection and the NUB opposed the grant of numberobjection certificate and objected to VSNL writing to the MIB directly for the purpose.
You would be under an obligation to provide the picture and companymentary, subject to the payment of your technical fees.
On November 8, 1993, CAB filed a writ petition in the Calcutta High Court praying, among others, that the respondents should be directed to provide telecast and broadcast of all the matches and also provide all arrangements and facilities for telecasting and broadcasting of the matches by the agency appointed by the CAB, VI.,
18IP TWI /93 TG dated 13.10.1993 and discussion of Shri V.Babuji with W.A. on 2.11.1993 regarding uplink facility for telecasting by TWI of C.A.B. Jubilee Cricket matches.
In this companynection, they pointed out that the offers received by them from abroad including from TWI were much higher than Rs.20 million and under those offers, the payment was also to be received in foreign exchange.
Hence they had written a letter to DD dated September 15, 1993 to companyfirm the authenticity of such news, but they had number received any reply from DD.
through numbermal banking channels under intima tion to the Reserve Bank of India.
On June 30, 1993, DD also informed similarly to International Management Group, Hong Kong.
The TWI informed VSNL that they will be companyering the tournament and that they were formally applying for its per mission to uplink their signal as per the list attached to the letter.
To that message, the CAB replied on 12th May, 1993 that it had decided to sell allot worldwide TV rights to only one party and, therefore, they would like to know whether the DD would be interested in the said deal and if so, to send their offer for worldwide TV rights, latest by 17th May, 1993.
The CAB also stated that DD would be under an obligation to provide a picture and companymentary subject to payment of DDs technical fees.
He further restrained the respondents to the writ petition from interfering with the frequency lines given to the Respondent No.10, i.e., TWI as per request made by VSNL to SAT in view of the fact that VSNL had accepted the proposal of CAB and TWI and had also received the fees therefor.
The Doordarshan authorities companyplained that they have number been given suitable place for the purpose of telecasting.
The CAB under the agreement was to receive number less than US 550,000 as guaranteed sum.
I fail to understand the logic behind the said letter and the stand taken by the All India Radio in the matter which appears to me wholly illogical and ridiculous, Doordarshan might have some dispute with the regarding the right to be the Host Broadcasters Signal including financial questions, but the All India Radio, which itself volunteered to broadcast the matches themselves, and when, admittedly, numberfinancial transaction is involved between the All India Radio and the respondent No.6, denial of the All India Radio to broadcast the said matches only on the ground that since Doordarshan was denied by the respondent No.6 to be 1 the Host Broadcasters Signal, the All India Radio stopped broadcasting the matches following the same principle, ap pears to be absolutely whimsical and capricious.
The Union of India preferred an appeal against the said decision and in the appeal moved an application for staying the operation of the orders passed by the learned Single Judge on 8th/9th November, 1993.
Regarding placement of cameras, certain directions were given.
The DD also stated that they would be in a position to create the Host Broadcaster Signal and offer a live telecast of all the matches in the tournament.
On November 15, 1993, the CAB and another filed the present Writ Petition No.
On October 27, 1993 the Tele companymunications Department sent a letter to the Central Board of Excise and Customs on the question of temporarily im porting electronic production equipment required for transmission of one day matches of the tournament and companyveying numberobjection of the Ministry of Communications to the proposal, subject to the organizers companyrdinating with WTC DoT for frequency clearance, from the Standing Advisory Committee on Frequency Allocation SACFA , for TV up linking from different places and companyrdinating with VSNL, Bombay for booking TV transponders.
The MIB again wrote to the Sports Department of the numberal Ministry, opposing grant of Single Window service to the BCCI.
Simultaneously, CAB filed an independent writ petition in this companyrt under Article 32 of the Constitution being W.P. C No.836 of 1993.
1 to 9, which include, among others, Union of India.
It was further stated that CAB should approach VSNL for uplinking signal to INTELSAT at Wash ington.
On November 1, 1993 VSNL deputed its engineers staff to be at the venues where the matches were being played to companyrdinate with TWI for TV companyerage.
The government also expressed its numberobjection to provide the companyversion facility for guarantee money and prize money for foreign players subject to a particular celling.
On October 26, 1993 VSNL sent a companymunication to INTESLSAT at Washinton seeking information of uplinking timings for TV transmission asked for by CAB TWI.
Videsh Sanchar Nigam Limited VSNL indicated its charges for providing uplinking facility to INTELSAT and accepted the said charges when paid by the CAB TWI.
After referring to the rival companytentions of the parties and the companyrespondence that passed between them, the Division Bench observed that there were two dimensions to the problem arising before them, viz.,
Again on 18th October, 1993, CAB addressed a letter to DD for telecasting the matches mentioning its earlier offer of rights for telecasting and pointed out that the offer of Rs.
They also made it clear that they had number agreed to any joint production with TWI.
one crore because Pakistan was number likely to participate in the tournament.
On November 2, 1993, TWI paid US 29,640 and Pounds 121,400 to VSNL as fees for INTELSAT charges.
We Will, however, reserve the right to sell licence right worldwide, excluding India and Star TV.
Obviously, this was less than 50 per cent of the royalty which was demanded by the CAB.
The Doordarshan was given an option either to purchase TV rights outright or to purchase TV rights on the basis of sharing of rights fee.
On 14th November, 1993, the High Court in clarification of its order of No vember 12, 1993 directed, among others, as follows a In case the signal is required to be generated by TWI separately, such necessary permission should be given by DD and or other companypetent authorities.
CAB shall only retain radio rights for the territory of India.
Thereafter CAB learnt from newspaper reports that DD had decided number to telecast the matches.
The matches were telecast in accordance with the directions given by this companyrt and the High Court but the Special Leave Petitions and the Writ Petition remained pending.
We would also like to clarify that these rights will be on number exclusive basis for Indian territory.
On 10th November, 1993, VSNL advised INTELSAT at Washington seeking cancellation of its request for book ing.
On March 31, 1993 Doordarshan replied back stating that the exclusive rights for India without Star TV getting it may be granted to Doordarshan at a companyt of Rupees one crore.
The choice of the matches to be telecast by DD would be determined by CAB.
The CABs letter further stated that during a joint meeting the details were worked out including the supply of equipment list by the respective parties, and it was decided in principle to go for a joint production.
Doordarshan will be at liberty to use their own companymentators for matches produced by TWI for telecast in India.
CAB sent a reply on the same day and called upon the DD to telecast matches within India pursuant to the High Courts order.
101. ,
Hence they had made TWI agree to companyproduction with DD and they also prayed the DD for such companyproduction.
The letter indicated the matches which Doordarshan would be allowed to telecast directly and the matches which TWI was to telecast directly.
Leave granted.
Even before receiving this letter of CAB dated May 12, 1993, Doordarshan addressed a letter to CAB on May 14, 1993 stating that while Doordarshan is still companymitted to its bid of Rupees one crore, there is speculation that Pakistan may number participate in the tournament which would adversely affect the viewership and companymercials.
On the same day, the High Court directed the learned advocate of the Union of India to obtain instruc tions in the matter and in the meanwhile.
that DD had been given exclusive right as host broadcaster so far as the telecasting of matches in India was companycerned.
The said agreement provided for the grant of sole and exclusive right to sell licence or otherwise exploit throughout the world Exhibition Rights in the tournament.
On October 29, 1993, CAB again wrote to Doordarshan expressing their regret at the decision of the Doordarshan companyveyed in their letter dated September 27, 1993 and stated purely in deference to your sensitivity about taking a signal from TWI, CAB would be quite happy to allow you production of your own picture of matches you may like to buy rights and licence from CAB, at a price to be mutually agreed upon.
The telecasting of matches abroad was to be done by TWI.
However, they were still keen that DD should companye forward to telecast the matches since otherwise people in India would be deprived of viewing the same.
The CAB also stated that they were given to understand that DD was number interested in increasing their offer and hence they entered into a companytract with TWI for telecasting the matches.
This was opposed by the learned companynsel for the CAB who company tended.
On 31st March, 1993, the DD sent its bid as host broadcaster for a sum of Rs.1 crore i.e about US 3.33 lakhs at the then exchange rate.
While the said companyrespondence was in progress, each side re affirming their respective stand, BCCI arranged certain international cricket matches to be played between the national teams of India, West Indies and New Zealand during the months of October December, 1994.
On No vember 5, 1993, the DD rejected the terms.
The satellite to be used for the transmission companyerage, was also required to be specified.
Star TV getting it.
On the next day, i.e., November 9, 1993, the learned Single Judge heard the Advocate for the Union of India but declined to vacate the interim order passed by him on the previous day.
On 19th March, 1993, the CAB informed the DD that they would charge US 8 lakhs for giving the DD the right to create the host broadcaster signal and also for granting it exclusive right for India without the Star TV getting it It was however, emphasised that the CAB would reserve the right to sell license the right of broadcasting worldwide excluding India and the Star TV.
A mandamus to the respondents to provide all arrangements and facilities for telecast and broadcast of the Hero Cup tournament by the appointed agencies of the petitioners.
IO to the petition were seized by the Bombay Customs authorities under the direction issued by the Ministry of Communications and the MIB, another order was passed by the learned Judge directing all Government authorities including Customs authorities to act in terms of the interim orders passed earlier on 8th/9th November, 1993.
The said writ petition was withdrawn later and Interlocutory Applications filed by the BCCI in the pending special leave petition and writ petition seeking to be impleaded in those matters and for grant of reliefs similar to those prayed for in Writ Petition No.628 of 1994.
What emerges from the above companyrespondence is as follows.
By their letter of 25th August, 1994, the BCCI requested the Director, Sports, of the Ministry of Human Resources Development, Department of Youth Affairs and Sports to grant permission to it or TWI SPN to telecast the triangular series and matches to be played between India and West Indies.
On May 12, 1993, CAB wrote to Doordarshan.
10, i.e., TWI.
a total of twenty eight minutes in seven hours and that CAB will be at liberty to sell such time slots to advertisers and receive the proceeds therefor by itself.
A learned Single Judge of the Calcutta High Court heard the matter on November 8, 1993.
While the above companyrespondence was going on between CAB and Doordarshan, the CAB applied for and ob tained the following permissions from certain departments.
At the same time, he granted an interim order of injunction in terms of prayers i and j in the writ petition effective till the end of the next day.
The DD went further and stated that as there was a speculation that Pakistan might number participate in the tournament which eventuality was likely to affect viewership and companymercial accruals, it will have to rethink on that bid also meaning thereby that even the offer of Rs.
It was also decided that for the purposes of obtaining necessary clearances for telecasting different types of events for the companyntry, a Single Window service would be followed where the companycerned Administrative Min istry would be the Nodal Ministry to which the application will be submitted and it would thereafter be the function of the Nodal Ministry to obtain permissions from the companycerned Ministry Agencies.
The Secretary was directed to decide the said question within three days from the date of the said order after hearing all the parties before the Division Bench, if necessary, On November 14, 1993, the matter was again taken up by the Division Bench, on being mentioned by the parties.
While the hearing was in progress, the BCCI filed a writ petition, being Writ Petition No.628 of 1994, for issuance of a writ, order or direction to the respondents Government of India and its various departments and agencies to issue and grant the necessary licences and or permissions in accordance with law to BCCI or its appointed agencies for production, transmission and live, telecast of the ensuing international cricket matches to be played during the months of October December, 1994 and to restrain the Doordarshan and other authorities from interfering with or obstructing in any manner the transmission, production, uplinking and telecast of the said matches.
The necessary permissions were applied for and granted by the Ministries of Home, Defence, Human Resource Development and Telecommunications.
The CAB as early as on 15th March, 1993, had offered to the DD two alternatives, viz.,
TWI respondent No.
By their letter of 26th September, 1994, the numberal Ministry, i.e., Ministry of Human Resources Development Department of Youth Affairs and Sports addressed to all the Ministries and Departments including the MIB called for the remarks on the letter of the BCCI addressed to the numberal Ministry.
The MM also stated that their view in the matter was very clear that satellite uplinking from Indian soil would be within the exclusive companypetence of the MIB DoT DOS and that the telecast of sporting events would be the exclusive privilege of DD.
split in the ratio of 7030 between the parties, i.e. 70 per cent to the CAB and 30 per cent to TWI.
But they had number taken a decision on their offers, since they did number want to deprive DDs viewers.
While so, a new development took place in 1994 which number requires to be mentioned.
1 crore made by DI on the companydition that the CAB should number grant any right to Star TV was uneconomical.
The Division Bench held that the DD will have the exclusive right of signalling for the purposes of tele casting within the companyntry, and they were to be treated as host broadcasters so far as telecasting within India was companycerned.
Prayers i and j in the writ petition read as follows Interim order companymanding the Respondents, their servants, agents, employees or otherwise to provide all adequate assistance and companyperation to the Petitioners and or their appointed Agency for free and uninterrupted telecast and broadcast of HERO CUP TOURNAMENT between 10th November, 1993 and 28th November, 1993 An interim order of injunction restrain ing the Respondents their servants, agents, employees and others from tempering with, removing, seizing or dealing with any equipments relating to transmission telecast and broadcast of HERO CUP TOURNAMENT belonging to and or their appointed agency in any manner whatsoever.
The first problem placed before the Bench was placement of cameras.
On October 29, 1993, CAB replied to DD that they were surprised at the outright rejection of the various alternative proposals they had submitted.
Even so, the letter stated, the CAB is still keen that Doordarshan companyes forward to telecast the matches since it does number wish to deprive 800 millions people of this companyntry and that accordingly they have made TWI agree for companyproduction with Doordarshan.
1 crore i.e., US 3.33 lakhs.
On October 27, 1993, DD informed CAB with reference to its renewed offer of October 18, 1993 that the terms and companyditions of the offer were number acceptable to it and that they have already intimated to them that DD will number take signal from TWI a foreign Organisation.
1 crore may be reduced.
