Delhi HC considers appointing ad hoc committee to run WFI

The Delhi high court on Wednesday considered setting constituting an ad hoc committee for running the suspended Wrestling Federation of India (WFI), a bench of justice Sachin Datta however granted union sport’s ministry another opportunity to specify its stand on managing the federation’s affairs after dissolution of the Indian Olympic Association (IOA) ad hoc committee.

Though the court afforded union sports ministry another chance to spell out if its order suspending WFI continued to subsist and explain the circumstances that led to IOA’s ad hoc committee dissolution, by filing an affidavit, it slammed the ministry for its failure to do so and said that its conduct was “most unfortunate.”

“I’ll tell you what I have in mind. Prima facie. I want to hear the Union (sports ministry). You disbanded the ad hoc committee. I’ll appoint an ad hoc committee. I’ve indicated to you what I have in my mind,” justice Datta said to standing counsel Anil Soni who appeared for the ministry.

Justice Datta further said, “Why would you not file the affidavit? This kind of conduct from the Union, its most unfortunate. It’s very unbecoming of the Joint Secretary. Next time I’ll make an observation. Ministry is not run by 1 person.”

The court was considering an application filed by four wrestlers including Tokyo Olympics bronze medallist Bajrang Punia days after the IOA decided to dissolve the ad hoc committee on March 18 saying that there was “no further need" for it to run. In its office order, the IOA had stated that the decision to dissolve the ad hoc committee had come to light of the lifting ban on the WFI by the United World Wrestling (UWW) and the successful completion of selection trials by the ad hoc committee.

To be sure, the ad hoc committee was constituted by the union sports ministry on December 27 after suspension of WFI.

In the application, the wrestlers also including Vinesh Phogat, Sakshi Malik and her husband Satyawart had sought directions to the union sports ministry to not revoke the suspension of Wrestling Federation of India (WFI) during the pendency of its plea to declare federation’s December 21, 2023 elections as illegal.

Besides this, the wrestlers in the application filed by advocate Siddharth Nayak had also sought for appointment of a one-man committee for taking over the management, control and administration of WFI.

On April 2, the high court had directed the IOA to file an affidavit indicating the circumstances in which it dissolved the ad hoc committee for wrestling last month. It had further directed the centre to file an affidavit indicating its "clear stand" saying that its March 28 affidavit was “vague” and did not deal with salient aspects of the matter. “The Centre cannot be allowed to be evasive. They have to take a clear stand. Today, I want to know what is the system of administration and management (of the WFI) that they have set up," Justice Datta had said on April 2, adding that important decisions have to be taken by the federation in relation to the sport of wrestling, including selection of players, and a clear stand of the Centre is required in the matter.

On Wednesday, ministry’s counsel urged the court to grant it a week’s time for filing the affidavit claiming that the response had to be approved by the Joint Secretary, who was not in the country. He said that the joint secretary could not join the proceedings virtually since he was on a flight.

While the wrestlers appearing through senior advocate Rahul Mehra submitted that ministry’s stand was hinged on the “ousted gentleman” getting a ticket for the polls. “We have stated a lot of things on affidavit which have subsequently come to be correct. Now what is their endeavour is, the gentleman who has been ousted, they are waiting for whether that person gets a ticket or not. They are waiting whether the person gets a ticket for elections or not, based on which they will modulate their stand. If he doesn’t get it, then the stand remains the same. If he gets it, they will fully go out and support the man,” Mehra said.

The WFI represented through senior advocate Dayanan Krishnan apprised the court that a coordinate bench had on Tuesday issued notice in federation’s plea challenging ministry’s December 24 order suspending Sanjay Singh led elected executive committee (EC). In the said order, the Centre had abstained WFIs EC from carrying out any activities pertaining to managing and administrating day to day activities.

While the IOA specifying its stand regarding the circumstances that led to March 18 order stated that it was imperative for it to withdraw the ad hoc committee as it would have been a direct conflict with the Olympic Charter and UWW rules.

“That pursuant to the letters dated 12.02.2024 and 08.03.2024 of the UWW, the right to govern wrestling activities under the UWW is only with the WFI, the lOA being bound by the Olympic Charter and the UWW rules has withdrawn the Ad-Hoc Committee dated 27. 1 2.2023 vide office order dated 18.03.2024,” read the affidavit.

The affidavit further stated that once the National Federation is recognised by the International Federation, the NOC cannot intermeddle in the affairs of the National Sports Federation (NSF) as National Olympics Committee (NOC) is bound to respect and preserve NSFs autonomy.

“Governance of WFI is dependent upon the recognition of WFI from its International Federation i.e. United World Wrestling. The UWW being the parent body for wrestling in the World has all rights and ownership over the wrestling activities and championships internationally. That even the organisers of the international events cannot accept any wrestlers if not sent by the members of the affiliated members of UWW i.e. in the present case WFI,” read the affidavit.