Delhi High Court - Orders
Kiran Baliyan vs National Anti-Doping Agency And Ors on 9 December, 2025
Author: Sachin Datta
Bench: Sachin Datta
$~121
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 18462/2025, CM APPL. 76445/2025
KIRAN BALIYAN .....Petitioner
Through: Mr. Parth Goswami, Mr. Udit
Dedhiya, Ms. Apurva Sachdev, Mr.
Ranjeet Pawar, Ms. Niharika Tiwari,
Mr. Preyansh Gupta, Advs.
versus
NATIONAL ANTI-DOPING AGENCY AND ORS.....Respondent
Through: Ms. Manpreet Kaur Bhasin, Adv. for
R1 & R2.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 09.12.2025 CM APPL. 76446/2025 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 18462/2025
3. The present petition has been filed by the petitioner, assailing an order dated 25.11.2025 passed by the respondent no.2/ Anti-Doping Disciplinary Panel, whereby, the application filed by the petitioner seeking to summon and examine witnesses, was rejected as "non maintainable".
4. According to the petitioner, the examination of the concerned witnesses sought to be summoned and examined by way of the said application are essential for a fair adjudication of the anti-doping proceedings initiated against the petitioner by respondent no.1/ National Anti-Doping Agency.
5. The petitioner, Ms. Kiran Baliyan, is stated to be an internationally W.P.(C) 18462/2025 Page 1 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2025 at 21:00:47 acclaimed Shotput athlete who has represented India in multiple national and international competitions, including the 2022 Asian Games where she secured a historic bronze medal, becoming the first Indian woman in seventy-two years to achieve this distinction in Shotput.
6. It is pointed out that the petitioner has been charged under Article 2.1, 2.2, 2.4 and 2.5 of the National Anti-Doping Agency Anti-Doping Rules, 2021, alleging (i) presence of prohibited substances in her sample; (ii) attempt to tamper with the doping control process; and (iii)whereabouts failure.
7. It is the case of the petitioner that the allegations are wholly unfounded. It is submitted that the petitioner had inadvertently touched the urine sample container while washing her hands, an incident immediately brought to the attention of the Doping Control Officer, followed by voluntary provision of a fresh sample without delay.
8. During the course of the said anti-doping proceedings, the petitioner filed an application seeking to summon and examine certain witnesses, including the Doping Control Officers involved in the collection and handling of the samples. According to the petitioner, their testimony is crucial to establish compliance with the International Standards for Testing and Investigation, and to prove the integrity of the chain of custody.
9. It was the said application, which was dismissed by the Disciplinary Pannel vide the impugned order dated 25.11.2025, holding it as "not maintainable".
10. Learned counsel for the petitioner draws attention to Rule 13.2.2.2.8 of the National Anti-Doping Agency Anti-Doping Rules, which reads as under :
W.P.(C) 18462/2025 Page 2 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2025 at 21:00:47 "13.2.2.2.8 Each party to the proceedings has the right to access and present relevant evidence, to submit written and oral submissions, and to call and examine witnesses."
11. It is submitted that in terms of the said provision, it is evident that even in proceedings before the National Anti-Doping Appeal Panel, it is permissible for a party to call and examine witnesses. As such, it is highly incongruous that in proceedings before the National Anti-Doping Disciplinary Panel (which is subject to the appellate proceedings before the National Anti-Doping Agency) the petitioner is denied the opportunity of producing witnesses.
12. It is further submitted that the petitioner's right to adduce evidence and produce witness for the said purpose also flows from the standards prescribed in the World Anti-Doping Code.
13. Attention is drawn to Article 8.8(d) of World Anti-Doping Code International Standard Results Management, 2023, which reads as under:-
"d) The right to be informed in a fair and timely manner of the asserted anti-doping rule violation(s), the right to be represented by counsel at the Athlete or other Person's own expense, the right of access to and to present relevant evidence, the right to submit written and oral submissions, the right to call and examine witnesses, and the right to an interpreter at the hearing at the Athlete or other Person's own expense;"
14. It is further pointed out that as a matter of practice, athletes appearing before the National Anti-Doping Disciplinary Panel, have been afforded the opportunity to produce witnesses. Learned counsel appearing for the respondent nos. 1&2 is unable to controvert the existence of this practice.
15. Considering the submissions of learned counsel for the petitioner, the prevalent practice in terms of which similarly situated athletes are afforded opportunity of producing the witnesses and in the interest of compliance W.P.(C) 18462/2025 Page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2025 at 21:00:47 with the principles of natural justice, it is incumbent on the National Anti- Doping Disciplinary Panel to permit the petitioner to produce the witnesses.
16. In the circumstances, the impugned order dated 25.11.2025 is set aside. Liberty is granted to the petitioner to move a fresh application before the National Anti-Doping Disciplinary Panel which shall be considered in the light of the aforesaid submissions of the petitioner and the observations contained in this order.
17. The hearing of final arguments on 09.12.2025 shall await the outcome of the aforesaid application that may be filed by the petitioner and the process of recording evidence of the concerned witnesses.
18. The other prayers as canvassed by the petitioner are not pressed by the petitioner.
19. The petition is disposed of in the above terms. Pending application/s also stands disposed of.
20. Copy of this order be given dasti under signature of Court Master.
SACHIN DATTA, J DECEMBER 9, 2025/uk W.P.(C) 18462/2025 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2025 at 21:00:47