Not Possible For Govt. To Have Anti-Doping Agency In Each State/Union Territory Separately: Jammu & Kashmir High Court

The Bench of Chief Justice Pankaj Mithal and Justice Ali Mohammad Magrey specifically observed,

"It may not be possible for the Government to have the Anti-Doping Agency in each State or Union Territory separately as it all depends on the financial conditions and the priorities before the Government."

Importantly, noting that the petitioner is a practising lawyer and failed to disclose the necessary credentials for the purposes of filing the petition in Public Interest, the Court said,

"The practising lawyer ought not to ordinarily involve in such litigations."

Further, taking into account the fact that a national level anti-doping agency is already in place, which covers the Union Territory of Jammu and Kashmir, the Court said,

"The creation of such an agency in the Union Territory of J&K does not appear to be of such higher priority item when the National Anti-Doping Agency is already functional."

In view of the aforesaid facts and circumstances of the case, the Court did not feel that any purpose would be served by keeping the petition pending and hence, the petition was dismissed.

It may be noted that as reported by the Times Of India in December 2020, the Government is likely to bring legislation to make National Anti-Doping Agency (NADA) and the National Dope Testing Laboratory (NDTL) independent constitutional authorities like the Election Commission of India (ECI) or the Union Public Service Commission (UPSC).

About NADA

National Anti Doping Agency (NADA) was set up as registered society under the Societies Registration Act of 1860 on November 24, 2005 with a mandate for Dope free sports in India.

The primary objectives are to implement anti-doping rules as per WADA code, regulate dope control programme, to promote education and research and creating awareness about doping and its ill effects.

Case title - Arun Singh Manhas v. Union of India and others [WP(C) PIL No. 7 of 2019]

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