In a fresh development in the legal battle over telecast rights of cricket matches, SAB TV on Thursday moved the Bombay high court urging it to intervene in the matter.
The 24-hour entertainment channel filed an intervention application saying that ESPN-Star Sports had failed to satisfy the consortium criteria as mentioned in the tender bids called by the Board of Control for Cricket in India for telecast rights of cricket matches to be played between October 2004 and September 2008.
SAB TV counsel Ram Jethmalani argued that ESPN-Star Sports should have protested against the bid process at the time of opening of bids itself after realising that Price Waterhouse Coopers (PwC) was just tabulating the figures mentioned in the bids and was not looking into the eligibility of the parties.
He also mentioned that ESPN-Star Sports should show whether they are themselves qualified and only then question the eligibility of Zee Telefilms Ltd.
Jethmalani pointed out that ESPN-Star Sports are foreigners and do not have to pay taxes in India and their venture is totally commercial.
ESPN-Star Sports counsel Iqbal Chhagla argued that the BCCI had found his client "unqualified " as they did not "own the in-house production facilities as required under condition 3.2 of the tender floated by the cricket Board".
He said the BCCI in its affidavit filed before the court had found both ESPN-Star Sports and Zee Telefilms Ltd unqualified in terms of owning a production facility.
Chhagla, however, told the court that ESPN-Star Sports hires on lease such equipment which is virtually impossible to own as they need to be transported across the world.