Coming down heavily on former Board of Control for Cricket in India president Jagmohan Dalmiya, the Madras high court held that last September's termination of the tender process for telecasting cricket matches in the country for a four-year period was "unjust, illegal and the result of bias against the petitioner [Zee Telefilms]."
Disposing a writ petition filed by Zee against the BCCI's decision to cancel the tender process after accepting its offer of 308 million US dollars to match ESPN's bid for telecast rights, Justice K P Sivasubramanian on Monday said no relief could be granted to the petitioner.
He said, "Cancellation of the tender process by the Board is improper and vitiated by arbitrariness and unfair action of the Board and Dalmiya in particular."
Leaving it to Zee to sue the BCCI for damages, if any, in a civil court, the judge said after the ongoing home series of Test and one-day cricket matches with Pakistan is over, the BCCI could call for fresh tenders for telecast of international cricket matches in the country.
"Both Zee and ESPN are entitled to take part in the fresh tender," the judge said in his 140-page order.
Overruling objections raised by counsel for the Board and Dalmiya on the question of the petition's maintainability, the judge held that Zee was a victim of the Board's unfair action.
"It is a matter of regret that no positive relief can be provided," he said.
