The Delhi High Court on Friday directed the reconstitution of the ad-hoc committee of the Indian Olympic Association (IOA) that was tasked with overseeing and supervising the Wrestling Federation of India’s (WFI’s) operations, including selections and trials, after the Ministry of Youth Affairs and Sports (MYAS) had suspended the wrestling body’s newly elected executive committee last year.
The court also did not mince its words to record that “the MYAS did not express any reservation or protest, when the ad-hoc committee was dissolved by the IOA” and that it appears that “dissolution of the ad-hoc committee enjoyed the tacit approval of MYAS”.
The WFI had elected a new executive committee after the ouster of former chief Brij Bhushan Singh following sexual harassment allegations by several women wrestlers, including Phogat, but the sports ministry in its December 24, 2023 order directed the newly elected body to abstain from administering and managing the day-to-day activities of WFI over serious concerns over the body’s “governance and integrity”.
Apart from the sports ministry, the United World Wrestling (UWW) too in August 2023 had suspended the WFI on account of not holding elections. But in February this year, the UWW lifted the suspension even as the ministry’s suspension remained in operation. With UWW’s revocation of the suspension, in effect, this meant that India’s athletes were allowed to once again compete under the national flag internationally. At the same time, WFI proposed conducting parallel trials for international competitions along with the trials being conducted otherwise by the ad-hoc committee of IOA.
On March 18, the IOA issued an office order where the ad-hoc committee appointed to manage the affairs of WFI was dissolved with immediate effect. The IOA reasoned that the decision was in light of the lifting of the WFI ban by the UWW and the successful completion of selection trials by the ad-hoc committee, consequent to which “there is no further need for running the activities of the WFI through an ad-hoc committee”. The office order had further instructed the WFI to appoint a safeguarding committee/officer to address the concerns of abuse and harassment and to ensure adherence to all rules, regulations and guidelines set forth by UWW.
In its 30-page verdict, Justice Datta took note of the fact that the sports ministry has clarified that its suspension of WFI continues and that the ministry had not issued any communication to IOA withdrawing its request for the constitution of an ad-hoc committee, and the dissolution of the committee was without the ministry’s approval.
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The court went on to observe that the reasons cited for the dissolution of the committee in IOA’s office order “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” and held that UWW’s revocation of suspension of WFI “was unconnected with the circumstances set out in the suspension order” by the ministry, and the consequent formation of the ad-hoc committee by the IOA.
The court held that the dissolution of the ad-hoc committee is “incongruous and incompatible” with the sports ministry’s order “whereby the newly elected executive committee of the WFI has been instructed to abstain from administering and managing the day-to-day activities of the Federation with immediate effect…considering that there is nothing on the record of this court to conclude that the concerns which impelled the issuance of the said order in the first place, stands allayed or resolved, the dissolution of the ad-hoc committee is held to be unwarranted”.
The court ruled that till the December 24, 2023 suspension order was “revisited/reviewed/recalled, it is necessary for an ad-hoc committee to manage the affairs of WFI”. It further added that “the possibility of reprisal/disapproval” by UWW “cannot afford any valid justification” for not implementing the December 24, 2023 order.
“…there is no reason for the MYAS to adopt a passive approach which undermines its own orders/decisions. The remote possibility of the UWW taking umbrage ought never (to) prevent the MYAS from doing what it must to implement good governance practices consistent with the NSDCI (National Sports Development Code of India), 2011, and the law of the land…,” the court said.
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“Also, in any event, since the Paris Olympic Games 2024 is already over, there is no reason why the respondent no.1 (MYAS) should feel constrained in taking/implementing requisite decision/s as to whether the suspension (of WFI) is required to continue or not and/or whether there needs to be an ad-hoc committee for managing the affairs of (WFI),” the court further said.
The court also stressed that the insistence on “compliance with the law of the land” cannot be construed as “governmental interference” or “third party interference so as to invite any adverse action from the international body”.
