Indian wrestlers Vinesh Phogat, Bajrang Punia, and Sakshi Malik
Credit: PTI Photo
New Delhi: The Delhi High Court on Friday restored the mandate of Indian Olympic Association's (IOA) ad hoc committee constituted for running the affairs of the Wrestling Federation of India (WFI) on a plea by celebrated wrestlers Bajrang Punia, Vinesh Phogat, Sakshi Malik and her husband Satyawart Kadian.
The court, in an interim order, said the IOA's decision to dissolve the ad hoc committee was incompatible with Union Sports Ministry's order suspending the WFI shortly after the December elections, while adding that until the suspension order is not recalled, it is necessary for the ad hoc committee to manage the federation's affairs.
Justice Sachin Datta turned down the petitioners' prayer to appoint a retired high court or Supreme Court judge as the administrator of WFI, and said it shall be open to the IOA to re-constitute the ad hoc committee.
"Since this court has concluded that the dissolution of the ad-hoc committee was unwarranted, it restores the mandate of the ad-hoc committee appointed by the IOA vide order dated 27.12.2023.
"However, it shall be open to IOA to reconstitute the ad-hoc committee so as to ensure that the same is a multi-member body comprising of eminent sportsperson/s and/or experts who are well-versed in dealing with the International Federations, so as to allay any concerns that the UWW (United World Wrestling-the world body for the sport) might have as regards the steps taken qua the WFI," the court held.
The wrestlers, who were at the forefront of last year's protest at Jantar Mantar demanding the arrest of outgoing WFI chief Brij Bhushan Sharan Singh for alleged sexual harassment of seven women grapplers, had moved the high court earlier this year for setting aside and declaring as illegal the elections held to elect the office bearers of the federation held in December.
Sanjay Singh, a Brij Bhushan loyalist, was elected the new WFI chief in the polls held on December 21, 2023.
The Centre had, however, suspended the WFI on December 24, 2023, three days after it elected the new office bearers, for allegedly not following the provisions of its own constitution while taking decisions, and requested the IOA to constitute an ad hoc committee to manage and control its affairs.
In February, UWW lifted the suspension, leading to the IOA also dissolving its ad hoc committee on March 18.
In their application for interim relief in the matter, the petitioners had sought a stay on the functioning of the WFI in its present form and to prevent it from undertaking any activity as a national federation for the sport of wrestling.
In the 31-page order, Justice Datta said the lifting of the ban by the UWW was "unconnected" with the circumstances set out in the Centre's suspension order and the consequent formation of the ad hoc committee by the IOA, and "disapproval" by the UWW was also not a valid justification for not implementing the Centre's directives.
The IOA had submitted in court that UWW had issued a warning that if there was any interference with the autonomy of WFI, it would impose a temporary suspension on wrestling federation.
There is no reason, the court said, for the Sports Ministry to "adopt a passive approach which undermines its own orders" and that the "remote possibility of the UWW taking umbrage" should not have prevented it from doing what it must to implement good governance practices consistent with the Sports Code and the law of the land.
"The reasons cited in the communication dated 18.03.2024 for dissolution of the ad-hoc committee viz. lifting on the ban on the WFI by the UWW and the successful completion of the selection trials as per the directives of this court, had no bearing or connection with the governance issues highlighted in the suspension order dated 24.12.2023, which impelled constitution of the ad-hoc committee in the first place," the court said.
"This court finds that till the suspension order dated 24.12.2023 is revisited/reviewed/recalled, it is necessary for an ad-hoc committee to manage the affairs of respondent no.2/WFI.. Further, it is clarified that the ad-hoc committee shall continue to act as such, only till such time as the order dated 24.12.2023 issued by the Respondent No.1/MYAS is in force," added the court.
Noting that the Paris Olympic Games are over, the court observed that there is no reason why the sports ministry should feel constrained in taking a decision on whether the suspension order should continue or whether there is a need for an ad hoc committee for managing the affairs of WFI.
The court also ruled that at this stage, it was not inclined to accept the petitioners' prayer to appoint a retired high court or Supreme Court judge as the administrator of WFI, saying it is deemed apposite to have a multi-member ad hoc committee to manage and control the affairs of the body.
A petition by the WFI challenging its suspension is pending in the high court.