Delhi High Court seeks NADA's stand on plea by wrestler Bajrang Punia against suspension

The court questioned Punia on his refusal to submit a sample for the testing, asking, 'how will they let you play if you don't test'.

New Delhi: The Delhi High Court on Wednesday sought the stand of the National Anti-Doping Agency (NADA) on a petition by wrestler Bajrang Punia challenging his suspension.

As the senior counsel appearing for the athlete pressed for an interim relief while citing the upcoming Senior World Wrestling Championships in Albania, the court said no formal application has been filed for the same.

Justice Sanjeev Narula issued a notice to the agency on the plea moved by Punia, who was one of the wrestlers at the forefront of last year's protest at Jantar Mantar demanding the arrest of then Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh for the alleged sexual harassment of seven women grapplers.

NADA's counsel said a disciplinary panel has been constituted and it is looking into the issue, adding that a final hearing is "about to happen".

On June 21, NADA imposed a "provisional suspension" on Punia for a second time and issued a formal "notice of charge", rendering him ineligible to train and participate in competitions.

The move came three weeks after an anti-disciplinary doping panel revoked the earlier suspension on the ground that NADA had not issued a "notice of charge" to the wrestler.

NADA had first suspended Punia on April 23 for his refusal to give his urine sample for a dope test during the selection trials held in Sonipat on March 10. The sport's global governing body, United Wrestling World (UWW), had also suspended Punia.

"This is a classic case of hounding someone...World Championship is round the corner. I have to practice," senior advocate Rajiv Dutta said.

During the hearing, Justice Narula questioned Punia on his refusal to submit a sample for the testing, asking, "How will they let you play if you don't test?"

"If you don't undergo the test, how will they qualify you?" the court asked.

Punia's counsel asserted that he has "not refused" to undergo the dope test but has only demanded an answer from the authorities regarding the manner in which the earlier tests were sought to be conducted.

Seeking a direction to set aside NADA's decision, Dutta said, "The provision says if I have a reason not to undergo the test, they have to look into it. There is no provision for provisional suspension. Set aside the provisional suspension and grant me a hearing."

"I have not refused. I did not refuse. The first thing was, the person who came brought an outdated kit. They admitted it. That man has been suspended. I said please give me an answer to what has happened. In the second instance, those who came, they were not even authorised to do it," the lawyer argued.

The court, however, said it "cannot be the basis" to not undergo the test subsequently.

"That cannot be the basis that okay, this incident has happened and now, for further testing, I will not give my sample," the court said.

Punia's counsel said he is ready to undergo the test on Wednesday itself.

"Let them take the sample today," Dutta, who appeared along with lawyer Neha Singh, submitted.

The counsel for NADA said the authority "cannot take samples like this" as the same is done in accordance with a test-distribution plan.

The court orally said Punia can agitate his grievances before the disciplinary panel and listed the matter for further hearing in October.

NADA's counsel asserted that no player can refuse to undergo the dope test and Punia is not being "targeted".

"A disciplinary panel is in place. We, as NADA, will never want any of our Olympian players, who will tomorrow get medals for the country, to be put in a bad position," the lawyer said.

"They say he is being targeted. This is wrong. The final hearing is about to happen. Litigation will derail (the process). We also want him to go and play. If we stop everyone, who will represent India," she added.

Dutta submitted that the hearing before the panel can be held this week itself and Punia should be heard.

In his petition filed through lawyer Vidushpat Singhania, Punia has argued that NADA has acted in violation of the testing guidelines and protocols.

The grappler has claimed that the agency's conduct is in violation of his fundamental rights to practise a profession and earn a livelihood under the Constitution, and that he would be "forced to retire" if the "arbitrary" suspension is not lifted.

"The petitioner will be forced to retire from wrestling due to the arbitrary actions of the respondent. In particular, the petitioner may lose out on competing at the Senior World Wrestling Championships set to be held in Albania from October 28 to 31, 2024, which is the last major event that he shall have the opportunity to compete in for a period of two years. Consequently, the petitioner will have no other option but to officially retire from the sport of wrestling," the plea has said.