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By A. Subramani
CHENNAI, FEB. 9 . The Board of Control for Cricket in India (BCCI) is not to finalise any tender or contract with regard to exclusive telecast right of cricket matches held in India, including the coming India-Pakistan series, till February 17. A submission to this effect was made on behalf of the BCCI in the Madras High Court, which is hearing a writ petition from the Zee Telefilms Limited (ZTL) challenging a BCCI decision to cancel the award of tender and acceptance of the bid to telecast all cricket matches in India for a period from October 2004 to September 2008. Justice K.P. Sivasubramaniam, before whom the matter came up for hearing this morning, posted it to February 12 for further hearing, and directed the respondents, who included the former Chairman of the BCCI, Jagmohan Dalmiya, and the ESPN Star Sports, to file their counter-affidavit by February 14. The petition was moved here pursuant to the dismissal of a similar plea by the Supreme Court with a direction that the ZTL approach the High Court for redressal. After the BCCI invited tenders in August last, the ZTL emerged as the highest bidder, having quoted for about Rs. 1,200 crores ($ 260 millions), whereas the ESPN Star Sports quoted $ 230 millions. In September, the ZTL was called for negotiations, the petitioner said, adding that the second highest bidder was also invited for negotiations in violation of specific circular from the Chief Vigilance Commissioner against such practice. According to the petitioner, the negotiations turned out to be a virtual re-bidding process where the ESPN Star was permitted to revise its bid to $ 308 millions, and the ZTL was asked to match the sum. The ZTL matched the quotation of the competitor, and also deposited $ 20 millions in the BCCI account within 48 hours. The petitioner said that despite having fulfilled all tender requirements, owing to the "hostility" of the then Chairman, Mr. Dalmiya, it was cancelled. He said: "The decision to cancel the award of contract has been vitiated by the influence wielded by Mr. Dalmiya in the decision-making process." The tender norms do not empower the BCCI to cancel an award of contract after the bidding process was completed, decision taken and money accepted, the petitioner said, adding, "the power to cancel tendering process must be exercised during the process of consideration of the tender." Appearing for the ZTL, senior counsel Harish Salve submitted that the decision to cancel the award was tainted by bias and corrupt motive. The ESPN-Star does not share the ZTL's concern for development of domestic cricket in the country, he added. Senior counsel for the BCCI, T.R. Rajagopalan, accusing the ZTL of having suppressed some related materials, said the Board would place all materials before the court for appropriate orders. A.L. Somayaji, senior counsel for Mr. Dalmiya, said the BCCI had the right to invite tenders and to accept or reject the bids without assigning any reason. Senior counsel, Vijay Narayan, representing ESPN Star, said in respect of commercial transactions a writ would not be maintainable, and added that the tender process should be allowed to go on unhindered.
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