'Sheer Wastage Of Time': Delhi High Court Rejects PIL Against Projection Of BCCI Team As 'Team India'

The Delhi High Court on Wednesday (October 8) dismissed a PIL seeking to restrain Prasar Bharati, which operates Doordarshan and All India Radio (AIR), from projecting the Board of Control for Cricket in India (BCCI) team as the “Indian National Cricket Team” or “Team India.”

Filed by lawyer Reepak Kansal, the plea argued that such portrayal misleads the public and violates laws governing the use of national symbols.

“This is sheer wastage of Court's time and your time,” a division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela told Kansal, who was appearing in person.

At the outset, Kansal sought three days' time for filing additional documents to make better submissions in the matter.

Refusing to accept the request, the Court said:

“Have you read BCCI judgment?… you should be given time to place documents only if prima facie you are able to show that the petition is maintainable. Whatever occurs to your mind will become (subject matter)?”

Kansal said that BCCI, being a private entity, is not permitted to refer to the team as “Team India”, especially when there is no sanction from the government of India. Rejecting the submission, CJ remarked:

“What is this argument? Are you saying that the team does not represent India? The team which is going and playing everywhere, they are misrepresenting? Forget about BCCI. If Doordarshan or any other authority projects it as team India, is it not team India?”

Justice Gedela asked Kansal if today any private individual is prohibited from unflagging the national flag in their house, to which the lawyer responded in the negative.

“Are you aware how the entire ecosystem in sports globally functions? Are you aware of the Rules of international olympic committee which say that there should not be any interference by any State? According to you, if the government officials in sports select team only then that team will represent India. Are you aware of Olympic charter? Or olympic movement? Are you aware that in the past, whenever government intervention is there is federation of sports, Indian Olympic Committee has came down very heavily?,” CJ remarked.

“We are convinced that this writ petition is I don't know what… you should file better PILs,” he said.

“We are inclined to dismiss it…,” Justice Gedela added. 

The plea states that BCCI is a private society and is neither recognized as a National Sports Federation (NSF) nor a "public authority" under Section 2(h) of the RTI Act.

“Despite the above legal position, Prasar Bharati platforms such as Doordarshan and All India Radio continue to refer to the BCCI team as "Team India" or the "Indian National Team," with the Indian National Flag in the cricket tournament of BCCI and implicitly confer national status on a- priivate association thereby creating a false impression in the public mind and granting unwarranted commercial legitimacy to a private entity,” the plea states.

It alleged that such a practice amounts to misrepresentation and could potentially violate the Emblems and Names (Prevention of Improper Use) Act, 1950 and the Flag Code of India, 2002, which regulate the use of the national name, flag and symbols.

“The misuse of the national name and flag by these public broadcasters, not only misleads the citizens of India but also erodes the sanctity of national identity and symbols, which should be protected as a matter of constitutional propriety and public trust,” the plea states.

It further submits that when government owned broadcasters like Doordarshan and All India Radio project the BCCI team as the "Indian National Team," it creates the false impression that BCCI has official or governmental status.

“This writ petition is b1eing filed to ensure that national names, symbols and the Indian National Flag are not misused or associated with private commercial entities like the BCCI without proper statutory authority or recognition. The purpose, of this petition is to safeguard public trust and prevent the citizens of India from being misled into believing that the BCCI officially represents the country as the "Indian National Cricket Team," in the absence of any Governmental recognition or notification,” it says.

Title: REEPAK KANSAL v. Union Of India & Ors

Citation: 2025 LiveLaw (Del) 1270