New Delhi: The Supreme Court on Tuesday restrained Prasar Bharti from interfering with the rights of Ten Sports to downlink the live feed of the India-West Indies cricket one-day internationals and test matches to be played in West Indies later this month.

A Bench of Justice Ashok Bhan and Justice L.K. Panta passed this order after Prasar Bharti informed the court that it would not be in a position to pay any amount for sharing the telecast of live signals of the India-West Indies cricket matches.

Plea to stay guidelines

Solicitor-General G.E. Vahanvati told the Bench: "We will not be able to pay Ten Sports any fee. Further, we will have to reschedule all our programmes if we want to show the cricket matches."

Senior counsel Harish Salve, appearing for Ten Sports, pleaded for a stay of the operation of the guidelines stipulating that all broadcasters telecasting events in India must necessarily share the live feed with Doordarshan. Mr. Vahanvati opposed the grant of blanket stay and said that a restraint order could be passed in respect of Ten Sports. The Bench told Mr. Vahanvati "Why don't you tell the Government to bring a law. You can't act on guidelines."

Mr. Vahanvati replied that the Government was working on it and soon a law regulating the telecast would be put in place.

The Bench, while disposing of the application of Ten Sports in its brief order, said:

"The respondents shall be restrained from interfering with the telecast of the India-West Indies one-day internationals and test matches on Ten Sports.

The respondents shall not take any coercive steps or action against them in respect of the telecast of the series on the basis of the guidelines."

Ten Sports' contention

The Dubai-based sports channel, in its application, contended that if the matches were simulcast on Doordarshan, it would suffer a huge loss.

It said it had already sold the distribution rights to Set Discovery Pvt Ltd (SEDT), which would have the telecast rights throughout the country.

It said the rights were acquired from British Sky Broadcasting Ltd., who in turn had acquired the rights from the West Indies Cricket Board, pursuant to a public tender. Prasar Bharti did not participate in the tenders and did not bid for these tenders.

The channel prayed for a direction to restrain Prasar Bharati from compelling the channel to share live feeds of the matches.

The apex court is already seized of a special leave petition filed by Taj Television (India), owners of Ten Sports, against an order of the Bombay High Court admitting its petition challenging the revised guidelines on telecast of national events but refusing to grant interim relief.

The present application was filed in the same SLP.

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