Asian Games Trials: Delhi High Court Dismisses Wrestlers’ Plea Challenging Exemption Given To Vinesh Phogat, Bajrang Punia

The Delhi High Court on Saturday dismissed the plea moved by wrestlers Antim Panghal and Sujeet Kalkal against the exemption granted to Vinesh Phogat and Bajrang Punia for Asian Games trials.

Justice Subramonium Prasad said that the unanimous decision taken by the ad-hoc Committee to grant exemption to Punia and Phogat and to not expose them to injuries during the trials cannot be said to be arbitrary or perverse. 

“It is nobody’s case that Respondent No.3 & 4 are not well known in their respective categories. In fact, both the athletes are in the World Top 10 rankings and, therefore, the categorisation of these athletes as elite athletes also cannot be said to be perverse or arbitrary,” the court said.

Both the wrestlers had challenged the decision of the ad-hoc committee of the Indian Olympic Association granting exemption to Phogat and Punia in the trials for men's freestyle 65 kg and women's 53 kg categories earlier this month.

It was their case that the trials be held in a fair manner without granting any exemption to any wrestler and that the whole process must be videographed.

Clarifying that it was not commenting upon the merits of Panghal and Kalkal who have also excelled in the field of wrestling, the court however said that it was not inclined to sit in appeal over the decision taken by the ad-hoc Committee as the same cannot be said to be arbitrary or perverse.

 “The Asian Games are to begin in about two months’ time and in case injury is caused to the elite athletes, who are medal probables, the time for recovery is extremely low and, therefore, the decision taken by the Committee to exempt Respondents No.3 & 4 from selection trials in order to ensure that they are not to exposed to injuries during trials cannot be said to be arbitrary or capricious or perverse,” the court said.

The court also took note of the affidavit filed by WFI stating that a similar decision was taken on August 27 last year granting exemption to Punia from undergoing selection trials for his participation in the World Wrestling Championship and that he came back with a medal for the country.

”It is neither the contention of the Petitioners nor can it be said that the WFI has acted against the interest of the country or that the decision has been taken because of certain extraneous circumstances or in order to favour anyone,” the court added.

Advocates Hrishikesh Barvah and Akshay Kumar appeared for the petitioners.

ASG Chetan Sharma and CGSC Anil Soni represented the Union of India.

Senior Advocate Arnab Chaudhary along with Advocates Awantika Manohar, Anirudh Singh, Parul Dhurvey, Vikash Singh and Aniruddma M Sethi appeared for Wrestling Federation of India.

Advocates Tushar Giri, Sahil Bhalaik and Siddharth Anil Khanna represented Vinesh Phogat and Bajrang Punia. 

Title: SUJEET AND ANR v. UNION OF INDIA AND ORS

Citation: 2023 LiveLaw (Del) 617

Click Here To Read Order