“Legal Regime Apropos Sports Administration Has To Be Implemented Fully”: Delhi High Court Places Indian Olympic Association Under CoA
Case: Rahul Mehra V. Union Of India And Ors
Coram: Justice Najmi Waziri and Justice Manmohan
Case No.: W.P.(C) 195/2010
Court Observation: “It is better that a legitimate body represents the cause of sportspersons than one simply masquerading as the real champion of Indian sports. Fairness and legitimacy needs to imbue all public affairs. Recalcitrant entities which defy adherence to rules of the game, while continuing to unjustly enjoy government‟s largesse and patronage, must be called-out,”
“The logical corollary to the preceding discussion would be that IOA would disqualify itself from retention of its recognition as a sports federation because of non-compliance with the Sports Code and the law of the land. However, for the duration that the COA assists in bringing IOA‟s affairs in order, IOA‟s recognition will not be disturbed,”
“If the compliance is not done by IOA, within the time specified hereinabove, its recognition by the Government shall stand suspended. The urgency for cooperation with the CoA and onus for compliance with the Sports Code is upon the IOA.”
“The differential voting rights denotes some entities as being of a lesser value or significance. This principle is per se iniquitous and undemocratic. There cannot be a half voter or a one 1/3rd voter. This anomalous weightage in votes to different entities is neither contemplated in the Sports Code nor in the IOC Charter. Therefore, it is struck down.”
“Sports administration is not a male preserve. It is a matter of record that in all its 95 years of existence the IOA has never had a woman as its President or Secretary General. Surely women do aspire to be in significant positions in the decision making process. Their presence both in the GB, as well as the EC of the IOA, will lend to fruition of their valid aspirations.”
“Governmental monitoring of compliance is expected to be prompt, robust and meticulous at all times. Annual compliances are mandatory for continued recognition. What is the compliance status of the NSFs currently, is not on record. The perceived non-monitoring or selective monitoring or permissive monitoring by the authorities gives cause to citizens to seek judicial review of the same. This needs to be remedied,”
“Seeing the present Constitution, one is reminded of the mausoleum of first Emperor of China Qin Shi Huang, where terracotta soldiers were buried with the purpose of protecting the Emperor in his afterlife.”
“Further, those who mismanage the sports bodies and those who have converted the sports bodies into their personal fiefdoms, dare the Government / Authorities and Courts that if they try to democratize the sport association and remove the mis-management, the country would suffer de- recognisation and the Indian sportsmen would not be able to participate under the country‟s flag in the immediate future. In fact, the respondents have tried their best to brand the „problem solver‟ (i.e. the Court/Government) as the problem”
“It is high time that structural reforms are implemented to remove the mis-management in the sports bodies and to democratize these institutions. The Central and State Governments may well consider passing a comprehensive legislation with regard to recognition and management of sports bodies incorporating the best practices and the IOC Charter without which no facility (monetary or otherwise) should be granted by any State and Union of India.”
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Keywords
Legal Regime, Olympic Association, Legal Regime of Olympic Association
