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Delhi High Court - Orders

Rahul Mehra vs Union Of India on 22 January, 2021

Author: Vipin Sanghi

Bench: Vipin Sanghi, Najmi Waziri

                                $~1.
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    W.P.(C) 8691/2020 and CM Nos. 28033/2020, 28090/2020,
                                     32616/2020, 33548-49/2020 & 757/2021
                                     RAHUL MEHRA                                           ...... Petitioner
                                                       Through:    Petitioner in person with Mr. R. A. Iyer,
                                                                   Advocate.
                                                       versus
                                     UNION OF INDIA                               ..... Respondent
                                                       Through:    Sachin Datta, Sr. Adv with Chetan
                                                                   Sharma, ASG, Anil Soni (CGSC),
                                                                   Vinayak Sharma, Adv.
                                                                   Ms. Shyel Trehan with Ms. Bhagya K.
                                                                   Yadav and Mr. Tarun Agarwal,
                                                                   Advocates in CM NO. 2435/2021.
                                      CORAM:
                                      HON'BLE MR. JUSTICE VIPIN SANGHI
                                      HON'BLE MR. JUSTICE NAJMI WAZIRI
                                                                ORDER

% 22.01.2021

1. The respondents have filed a compilation of documents stated to be in compliance of our last order. The said compilation is bereft of any affidavit to explain those documents. By our last order, we had required the respondents to file an affidavit. That has not been done. During the hearing, the said compilation has been forwarded by email to Mr. Mehra.

2. We have heard Mr. Mehra, as well as Mr. Dutta at some length. Mr. Mehra has drawn our attention to Annexure-K (page 1033 of the record), and Annexure-L (page 1054 of the record), which are two tabulations prepared by him in respect of the Indian Olympic Association and several National Sports Federations, in which the compliances/ non-compliances of the various salient features of the Sports Code have been tabulated. It is also pointed out from Annexure-N that the constitution of several Sports Federations are themselves are in violation of the National Sports Code.

3. The respondents have filed the tabulation stated to be in terms of our previous order, from which it appears that the respondents have extended the recognition granted to the National Sports Federations and have sought to grant them 6 months to a year's time to comply with the Sports Code.

4. The directions to ensure compliances with the National Sports Code were passed by this Court initially in the year 2014 in W.P.(C) 2310/2012, and again in the year February 2020 in W.P.(C) 195/2010. In this background, for the respondents to grant further time to the Sports Federations is not justified. In any event, to test the intentions and bona fides of the respondents, and to ensure that this extension does not turn out to be as mere a futility as the earlier ones, we have decided to closely monitor the progress that the National Sports Federations make to comply with the Sports Code. It shall be for the respondents to follow up with all the concerned Sports Federations on a regular basis and call for compliance reports with regard to all aspects of the Sports Code. The Sports Federations which do not fall in line and comply with the Sports Code do not deserve and would not be entitled to receive any grants from the Central Government.

5. We, therefore, direct the respondents to file an affidavit along with tabulation in the formats contained in Annexures K and L to the writ petition (pp.1033 and 1054) in respect of each of National Sports Federation. Such tabulation/ charts shall be filed by the respondents every fortnight after gathering the information/ status from the National Sports Federations, as aforesaid, so that the same available to the Court at each hearing to ascertain the progress made by the respective Sports Federations apropos compliance Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:25.01.2021 18:05 with the provisions of the Sports Code. We also direct the respondents to put all the Sports Federations to notice of these proceedings, and of the orders passed by this Court in this and other related proceedings. It should be made clear to each of them that they would run the risk of them not being recognised/ de-recognised and their grants being stopped, in case they do not comply with the provisions of the National Sports Code.

6. Mr. Mehra has also drawn our attention to the compendium of instructions on Scheme of Assistance to National Sports Federations, including Indian Olympic Association issued by the Government of India ever since 6th August, 2014. He has placed on record the documents which show that from time to time different volumes have been issued of the said compendium up to January, 2018, whereafter they have neither been issued nor uploaded on the website. Mr. Mehra submits that this practice should not be discontinued since access to all the relevant rules and regulations framed by the Government from time to time is essential for National Sports Federations to comply with, and also for all others interested to become aware of. We see no reason why the said practice should be discontinued. Mr. Dutta wishes to take instructions and report in this regard on the next date of hearing.

7. List on 19.02.2021.

VIPIN SANGHI, J NAJMI WAZIRI, J JANUARY 22, 2021N.Khanna Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:25.01.2021 18:05