The Hindu : National : Marketing committee members are not Dalmiya's puppets: counsel

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Wednesday, Feb 23, 2005

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Marketing committee members are not Dalmiya's puppets: counsel

By Our Staff Reporter

CHENNAI, FEB. 22. Members of the marketing committee of the Board of Control for Cricket in India (BCCI) were not puppets in the hands of the former chairman, Jagmohan Dalmiya, and were not dancing to his tunes, Mr. Dalmiya's senior counsel, A.L. Somayaji, told the Madras High Court today.

Countering the averments of Zee Telefilms Limited (ZTL) in its writ petition challenging the cancellation of the entire tendering process for awarding telecast rights, Mr. Somayaji said that each committee member had his own views and each of them acted according to the committee's constitution.

He also alleged that the ZTL chairman made repeated attempts to influence Mr. Dalmiya in the matter and added that "because they failed they are now attributing motive and casting aspersions." Reiterating that the post-tender negotiations with ZTL and ESPN had the sanction of the tendering conditions, Mr. Somayaji said "the negotiation was undertaken to ensure more revenue to the BCCI."

The negotiations resulted in increased revenue for the BCCI, from $260 million to $ 308 million, the senior counsel said. The additional $48 million went to the BCCI and not to Mr. Dalmiya's home. "Had he accepted the bid without negotiations, he would have been accused of selling the telecast rights for a song," he said.

Mr. Somayaji further submitted that whatever decisions Mr. Dalmiya had taken by virtue of the powers conferred on him were approved both by the marketing committee and the general body of the BCCI. The members were eminent people with an impeccable reputation. "The decision to cancel the tendering process cannot be said to have been taken by one person," he added.

In his reply, senior counsel for ZTL, P.S. Raman, said ZTL never gave up the case of a concluded contract, but merely said that the factor was not relevant at this stage when the High Court was reviewing the impugned decision itself. The court was not concerned whether `A' or `B' got the contract; it was concerned whether the public body, BCCI, cancelled the tendering process in violation of the established norms or not. He also denied the charge that ZTL had wilfully suppressed certain relevant materials before the court.

The qualification issue brought out by ESPN against ZTL cannot be countenanced, he said and added that ZTL had a full-fledged in-house production and telecast facilities.

Arguments in the matter are expected to be completed tomorrow.

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