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regular-article-logo Thursday, 25 April 2024

Ban spectre spurs IOA status quo

‘According to IOC rules, if any national body is governed by a non-elected body, it is seen as interference by a third party’

Our Legal Correspondent New Delhi Published 19.08.22, 03:32 AM
A bench headed by CJI Ramana took note of submissions of Tushar Mehta, appearing for Centre, and D.N. Goburdhun, representing IOA.

A bench headed by CJI Ramana took note of submissions of Tushar Mehta, appearing for Centre, and D.N. Goburdhun, representing IOA. File Photo

The Supreme Court on Thursday ordered status quo at the Indian Olympic Association (IOA) and restrained the Delhi High Court-appointed three-member Committee of Administrators (CoA) from taking over the affairs of the sports body.

The top court’s order came after the Centre and the IOA pleaded that Indian athletes might lose the chance of participating in international events since the International Olympic Committee (IOC) bars “third party interference”.

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A bench headed by Chief Justice NV Ramana took note of the submissions of solicitor-general Tushar Mehta, appearing for the Centre, and senior advocate D.N. Goburdhun, representing the IOA, that the world Olympics governing body does not recognise any un-elected entities like the CoA.

“According to IOC rules, if any national body is governed by a non-elected body, it is seen as interference by a third party. The moment the committee of administrators takes charge, there is 99 per cent chance that India and our sportspersons will get suspended from all international events and Olympic games,” Mehta argued.

The IOA and the Centre had rushed to the top court challenging the August 16 order of Delhi High Court, which had appointed the CoA comprising former Supreme Court judge Justice A.R. Dave, retired chief election commissioner S.Y. Quraishi and former diplomat Vikas Swarup.

The high court had passed the order on a petition filed by advocate and sports enthusiast Rahul Mehra seeking a direction for redrafting of the IOA constitution in accordance with the National Sports Code, 2021.

The apex court, after hearing the solicitor-general, passed the following order: “It was orally mentioned by the learned Senior counsel appearing for the Petitioner and Mr. Tushar Mehta, learned Solicitor General appearing for the Union of India, stating that by virtue of the present order passed by the High Court of Delhi, there is every possibility that Indian athletes might lose the chance of participating in international events, including the Olympics... It has been further stated that if the impugned order is allowed to operate, it would be not in the best interest of the nation. We are informed that charge of the Indian Olympics Association has not been handed over to the Committee of Administrators so far.

In view of the serious concerns raised in the matter, we direct the parties to maintain status quo. List the matter on Monday, the 22nd August, 2022, before an appropriate bench,” the apex court said in a written order. The IOA “welcomed” the interim relief granted to it, saying it will continue to challenge the “contentious” clauses of the National Sports Code, primarily related to “tenure guidelines” for officials and “voting rights” of state bodies. “We are happy that the court took into consideration our submission,” IOA secretary-general Rajeev Mehta said.

Another bench headed by Justice D.Y. Chandrachud is seized of a similar issue relating to the suspension of the All India Football Federation by Fifa, the world football governing body, for “undue interference from third parties”.

(With inputs from PTI)

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