The Secretary, Ministry Of ... vs Cricket Association Of Bengal & ... on 9 February, 1995 ensure that none of the footprints of any satellite overlaps the footprint of other satellite, each and every satellite is parked at a different degree and angle. Hence, there is no resource crunch or in-built restriction on the availability of electronic media, as con- tended by MIB. In this connection it is also pointed out that there is a difference in the right spelt out by Article 19 [1] (a) of our Constitution and that spelt out by the First Amendment of the American Constitution. 71. It is also contended that in no other country the right to televise or broadcast is in the exclusive domain of any particular body. In this connection, a reference is made to various instances in other countries where the host broadcaster has been other than the domestic network, which instances are not controverted. It is also urged that there is no policy of the Government of India as urged on behalf of the MIB that telecasting of sporting events would be within the exclusive domain and purview of DD/MIB who alone would market their rights to other authorities in whole or in part. It is pointed out that the extract from the minutes of the meeting of the Committee of Secretaries held on 12th November, 1993 relied upon by the MIB for the purpose is not a proof of such policy. The said minutes are 'executive decision' of a few Secretaries of the various departments of the Government. 72.It is also urged that even public interest or interest of general public cannot be a ground for refusal or for the imposition of restrictions or for claiming exclusivity in any manner whatsoever. Such restriction, if imposed will be violative of Article 19 [1] (a). To suggest that power to grant a license shall not be exercised under any circumstances because of the policy of the Government, is arbitrary inasmuch as the power conferred is not being used for the purpose for which it has been conferred. 73.It is then contended that both BCCI and CAB are non- profit making organizations and their sole object is to promote the game of cricket in this country and for that purpose not only proper and adequate infrastructures are required to be erected, built and maintained, but also huge expenses have to be incurred to improve the game which includes, amongst others, grant of subsidies and grants to the Member Associations, upgradation of infrastructure, training of cricketeers from school level, payments to the cricketeers, insurance and benevolent funds for the cricketeers, training of umpires, payments of foreign participants, including guarantee money etc. The quantum of amount to be spent for all these purposes has increased during the course of time. These expenses are met from the amounts earned by the BCCI and CAB since they have no other continuous source of income. The earnings of BCCI and CAB are basically from arranging various tournaments, instadia advertisements and licence fee for permitting telecast and censorship. At least 70 per cent of the income earned through the advertisements and generated by the TV network while telecasting of the matches, is paid to the organizer apart from the minimum guaranteed money as is apparent from the various agreements entered by and between BCCI/CAB as well as by DD with. other networks. The DD in effect desires to snatch away the right of telecast for its own commercial interest through advertisement, and at the same time also demand money from the organizers as and by way of production fee. Indian Kanoon - http://indiankanoon.org/doc/539407/ 35