National Sports Federations To Not Receive Monies From Centre Until Compliance With Sports Code & Judicial Orders: Delhi High Court
The Delhi High Court on Friday directed the Centre to ensure that monies, patronage and other facilities to National Sports Federations will be resumed only when they comply with National Sports Code, 2011 and judicial orders. A division bench comprising of Justice Najmi Waziri and Justice Vikas Mahajan added that the entire exercise of ensuring compliance is expected to be completed by the...
The Delhi High Court on Friday directed the Centre to ensure that monies, patronage and other facilities to National Sports Federations will be resumed only when they comply with National Sports Code, 2011 and judicial orders.
A division bench comprising of Justice Najmi Waziri and Justice Vikas Mahajan added that the entire exercise of ensuring compliance is expected to be completed by the end of this month. However, in the interim, the Court said that the assistance provided to sportspersons through the Sports Authority of India will be ensured and wherever necessary, augmented.
"The non-compliant NSFs, shall be put to notice of suspension of their recognition," the Court added.
The development came while the Court was dealing with a petition filed by Senior Advocate Rahul Mehra, seeking compliance by NSFs with the Sports Code and orders passed by the courts. It was the case of the petitioner that despite more than a decade having gone by, many NSFs continue to breach the Sports Code and its strict mandates, while simultaneously they continue to enjoy governmental grants, concessions and recognition.
Earlier, the Court had observed further exemptions be granted to or lenience be shown to National Sports Federations who are not complying with the Government of India's National Sports Code, 2011.
Today, the court was handed over a one page chart Status Report of 5 groups of National Sports Federations (NSFs) which were granted extension of time by the Ministry of Youth Affairs and Sports for complying with the Sports Code.
According to the compilation, 15 NSFs had complied with the Sports Code, 6 NSFs were granted exemption from certain provisions of Sports Code, apropos 3 NSFs Administrators were appointed through judicial orders, 5 NSFs needed to carry on minor amendments in their respective constitutions and 17 NSFs required extensive amendments.
On the other hand, Mehra handed over a 15 page tabular compilation to the Court showing that at least 24 NSFs bad super numerary posts or persons in the management or otherwise, positions which were not contemplated in the Sports Code.
"The copy of his compilation has been handed over to the learned counsel for the UOI and the officer. An updated copy of the same may be furnished to them by this evening. It will be for the respondents to consider the same," the Court said.
The Court noted that none of the NSFs' had ensured the compliance with the Sports Code especially the clause which stipulated that 25% of the management shall comprise prominent sportspersons of outstanding merits with voting rights.
"The merit of course will be in the order of the sports person having participated in (i) Olympics (ii) International Competitions; and (iii) National Level Games. The non-representation of sportspersons violates against the essential element and spirit of the regime of sports administration," the Court observed.
Furthermore, the Court opined that there was no clarity or conformation as to which of National Sports Federation were fully complied with the Sports Code.
"Therefore, in view of the previous orders dated 26.05.2022, 02.06.2022, it would be only logical, prudent, legal and just that the government monies be not expended on entities whose status in law is yet to be determined. Accordingly, no more monies will be expended nor any assistance be extended to any NSFs, till the next date," the Court ordered.
The matter will now be heard on July 20.
Case Title: RAHUL MEHRA v. UNION OF INDIA
Citation: 2022 LiveLaw (Del) 538