Gutta plea: BAI acted without reason,justification

Gutta plea: BAI acted without reason,justification

The plea also seeks directions from the court for an “independent report” of the incident.

Claiming that the “life ban” recommended by the disciplinary committee of the Badminton Association of India (BAI) violated the fundamental right to dignity and right to practice a profession,top Indian Badminton Player Jwala Gutta on Wednesday approached the Delhi High court against the proposed ban.

“Quash and set aside the impugned office memorandum dated 7 October 2013,” says the plea filed by the shuttler,which is scheduled to be heard on Thursday by the court of Justice VK Jain. The plea came up for hearing on Wednesday but could not be proceeded with due to the lack of time.

The plea also seeks directions from the court for an “independent report” of the incident that took place on August 25,where a controversy had erupted during an Indian Badminton League game.

According to reports,Gutta led her team’s (Delhi Smashers) protests over the last-minute replacement by Banga Beats of a singles player,Hu Yun of Hong Kong with Denmark’s Jan Jorgensen. While Gutta claims she acted in the interest of her team as a captain,the BAI considered the delay in the start of the game and the episode as a disgrace to federation and the league. The disciplinary committee headed by BAI vice president S Muralidharan had recommended three courses of action,one of which was a life ban,on Gutta for trying to stop players of her franchise from playing the match.

In the plea,Gutta has claimed that the BAI had raised the threat of the ban “without reason or justification” and had “violated the principles of natural justice” by not giving her an opportunity to be heard before the committee. She has also claimed that the ban was an “arbitrary and colorable exercise of power”. She has also asked the court to direct the Ministry of Youth Affairs and Sports to “put in place an independent regulating mechanism to oversee the functioning of decision-making process of the BAI in the absence of proper procedure”.