National Sports Federations Must Comply With Mandatory Aspects Of Sports Code Which Can Neither Be Diluted Nor Whittled-Down: Delhi High Court

The Delhi High Court has observed that the National Sports Federations (NSFs) must comply with each mandatory aspect of Sports Code, which can neither be diluted nor whittled-down.

Justice Najmi Waziri further added that for a continued recognition of such NSFs, an annual monitoring of compliance is contemplated under the Sports Code.

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 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.

Accordingly, a status report was filed by the Centre on July 15, stating that 24 NSFs were fully compliant with the Sports Code.

However the Court was of the view that the said statement by itself would not be sufficient and that the affidavit must also include the elements of compliance examined by Centre.

"Let details of the same be filed before the next date, along with records as may be available, including the constitution of each of the said "compliant NSFs". Each mandatory aspect of the Sports Code has to be complied with, which can neither be diluted nor whittled-down," the Court said.

The Court noted that under the Code, a minimum 25% representation of eminent sportspersons in the Executive Committee has to be ensured.

"After all the NSFs are for the benefit of promotion of the sports and for the welfare of sportspersons. It is in this context that the Sports Code stipulates that there should be a minimum representation of 25% of eminent sportspersons in the decision making process. If the NSFs have so ensured and complied with the Sports Code, then such compliance should be placed on record," it said.

It was thus observed that at least one NSF should be shown to be compliant on all parameters for it to continue to receive government patronage, largesse and funds.

Accordingly, the Court listed the matter for further hearing on July 26.

Previously, the Court had also 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.

It had thus opined that there was no clarity or conformation as to which of National Sports Federation were fully complied with the Sports Code.

Case Title: RAHUL MEHRA v. UNION OF INDIA

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