HC expresses concern over BFI’s internal disputes

New Delhi:

The Delhi high court on Wednesday expressed displeasure over the ongoing internal dispute between the Boxing Federation of India (BFI)’s governing council, asserting that such a situation paved the way for disqualification of national sports federations at “international level.”

The dispute had arisen after BFI’s president Ajay Singh on March 18 had suspended Hemanta Kumar Kalita and Digvijay Singh from the post of secretary general and treasurer respectively, after the two were found guilty of “financial irregularities” in an investigation. The decision was made following an inquiry by former Delhi high court judge Sudhir Kumar Jain. Jain was appointed by the BFI to carry out the investigation, following a complaint accusing the two of unauthorised fund withdrawals, fraudulent billing, and abuse of power. To be sure, Kalita and Singh have challenged their suspension before the Delhi high court and will be heard on April 4.

A bench of chief justice DK Upadhyay and justice Tushar Rao Gedela thus suggested officials to resolve the same, in the interest of sports, terming it an “unhappy situation.”

The bench stressed that the Olympic charter, governing sports at international level promoted “autonomy” which was being compromised. “This kind of infighting, I’m amazed. Every sports federation has some kind of dispute. Who are required to govern the sports? It’s a federation. These kinds of things pave the way where you may be disqualified by the international federation. Sports internationally is governed by the Olympic charter. International charter says the body has to be autonomous. Autonomy is being compromised by litigation,” the bench said to senior advocates Amit Sibal and Sandeep Sharma appearing for Singh and Kalita, respectively.

It added, “This is not a very happy situation. Such kind of infighting I can’t understand. Every single sports federation is in litigation. If this infighting does not stop, we know what to do. Please resolve. In the interest of sports….”

The court voiced concerns after senior advocate Sandeep Sharma also representing the former treasurer objected to the maintainability of the petition filed by BFI against single judge’s March 19 order. In the said order, justice Mini Pushkarna had allowed Delhi Amateur Boxing Association (DABA) to participate in BFI’s upcoming elections by staying BFI’s circular allowing elected members of the state units to participate in the elections, till August 18.

He further submitted that the president on March 18 had suspended the secretary as well as the treasurer and the petition was filed by the president who was not authorised to do so. Sharma further said that the federation at present did not have any executive committee, pursuant to the commencement of election process from February 25.

Taking note of the submissions, the court however asked senior advocate Amit Sibal to seek instructions and fixed April 7 as the next date of hearing.

In its petition before the division bench, the BFI had asserted that the court stayed the circular without any relief in the regards in DABA’s petition and this oversight reflected a lack of proper deliberation and hasty approach in passing the order, having significant implications. It went on to add that the order lacked “application of mind”, since the same was not only passed without making the returning officer (RO)-- former Delhi high court judge RK Gauba as a party, who is conducting the elections was not made a party.