No Further Exemptions Be Granted To NSFs Not Complying To Sports Code, Fairness & Legitimacy Need To Imbue All Governmental Affairs: Delhi HC
Observing that fairness and legitimacy need to imbue all governmental affairs, the Delhi High Court has observed that it is imperative that no 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. A division bench comprising of Justice Najmi Waziri and Justice Vikas Mahajan added...
Observing that fairness and legitimacy need to imbue all governmental affairs, the Delhi High Court has observed that it is imperative that no 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.
A division bench comprising of Justice Najmi Waziri and Justice Vikas Mahajan added that no NSF or Sports Entity should be seen to be receiving benefits which are unjust.
"Unless a NSF/sports entity/registered society/Association strictly adheres to and fully complies with the Sports Code and the court orders, it would disentitle itself from any such benefit. There can be no let-up or latitude in this regard, as relaxation would be arbitrary, illegal and lend to dilution of the Sports Code," the Court said.
It added "There comes a stage in the affairs of governance when the recalcitrant have to be called-out and there has to be cessation of their unlawfully enjoying government largesse, a privilege for which they do not qualify. Nor can they be allowed with their faulty NSF status to generate revenues from other sources. Twelve years is a long time to enable sports bodies to conform to the Sports Code. The time to stop is now."
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.
"Seasons may come and seasons may go but some entities remain recalcitrant to abide by the law of the land. Despite a passage of 57 years, many National Sports Federations have not complied with the Government of India's National Sports Code, 2011 (Sports Code), the 1975 Circular, the 2001 Guidelines and the judgments of courts. Generations of youth have turned to middle age and into senior citizens, without having had the benefit or availability of even minimum sports infrastructure or fair opportunities for participating or excelling in or enjoying the sports discipline of their choice," the Court said at the outset.
It added that compliance is to be ensured largely by the Government of India which grants recognition to sports bodies as NSF and that non-compliance, with the regime of law, is clearly against public interest.
The Court noted that three affidavits were filed in the past 15 months by the Centre, stating that the government is in the process of ensuring compliance of the judicial orders passed in January, 2021.
"Surely, fifteen months is a long time to ensure compliance, otherwise, it was always open to the respondent to suspend the recognition of NSFs which are in blatant breach of the 'governing regime' apropos administration and recognition of NSFs," the Court observed.
It added "It is the sine qua non for grant of recognition as a NSF and for access to the corollary benefits that flow from such status. The benefits are in various forms: tax benefits, travel concessions, accommodation and hospitality accorded to players and officials of NSFs, use of government-owned stadia and sports facilities, etc. All this expense is made from public funds. The beneficiary of such funds and facilities must qualify in law, to access it."
It was submitted by the Centre that notices had been issued to all NSFs calling upon them to put their house in order, in strict conformity with court orders. It was also submitted that some more time may be granted to the respondents to ensure robust compliance with and conformity with the legal regime governing sports administration.
"Let Secretary, Ministry of Youth Affairs and Sports, Government of India ensure that the constitution of NSFs concerned Gymnastics, Handball, National Yogasana, Tennis Volleyball, Mallkhamb and Motor Sports as well as Equestrian, Rowing, Golf, Squash Racket, Yachting, Polo is made available by them to the Ministry by the coming Monday. The same will be examined preferably during the course of the week and to the extent that they are not in compliance with the Sports Code, directions/ notices shall be issued apropos suspension of their recognition. An affidavit in this regard shall be filed by a Joint Secretary in the said Ministry with the prior approval of the Secretary (Sports)," the Court directed.
Lack of Easy Access To Stadia For Ordinary Citizens In City
At the outset, the Court also noted that there was a lack of easy access to stadia, sports fields and other sports facilities for the ordinary citizens, all over the city and that the same could well be remedied and facilitated by making available playgrounds of government schools or other schools owned or managed by statutory authorities.
"Such neighbourhood sports facilities would be convenient for children and sports enthusiasts. In the circumstances, let the Government of NCT of Delhi (GNCTD), Municipal Corporation of Delhi and Kendriya Vidyalaya Sangathan (under the Union Ministry of Education), examine the matter and file their affidavits apropos opening of sports grounds in schools under their respective jurisdictions and for making them available for optimal use for the larger public good; if possible, on a pay-and-play basis and/or any other scheme; while all along ensuring that the said schools retain all their rights in the land and its students too benefit from the additional sports facilities as may be created in their lands," the Court directed.
The Court said that the authorities concerned would bear in mind that the opening of stadia and sports facilities is primarily for the benefit of sports persons. It further added that the duration for which such facilities would be kept open requires to be structured around the needs of sports-persons and the climatic conditions i.e. longer evening time in summer to overcome the exhausting heat during practice and play.
"To begin with, let GNCTD, Sports Authority of India ('SAI') and the other authorities which own and/or manage many stadia in the city, consider opening of the following stadia: Thyagaraj Sports Complex, Chhatrasal Stadium, Shivaji Stadium and Punjabi Bagh Stadium, from 5 am to 10 pm in the summer months," the Court said.
The matter will now be heard on June 2.
Title: RAHUL MEHRA v. UNION OF INDIA
Citation: 2022 LiveLaw (Del) 518