Priyanka Singh
Published on: September 20, 2022 at 20:46 IST
The Supreme Court asked the Union Ministry of Youth Affairs and Sports to consult with the Director of Olympic Solidarity and NOC Relations, International Olympic Committee and in a petition challenging Delhi High Court’s order of handing over affairs of the Indian Olympic Association (IOA) to a Committee of Administrators (CoA).
The Supreme Court asked for a revert on the issue of the appointment of a neutral person to run the day-to-day administration of the IOA.
Before the Bench of Justice D. Y Chandrachud and Justice Hima Kohli, Solicitor General Mr. Tushar Mehta had submitted that similar to FIFA’s objection to the CoA governing the affairs of the AIFF, the International Olympic Committee (IOC) has contended that it doesn’t recognize an acting/interim president of the IOA, also informing the bench of communication with the Director of Olympic Solidarity and NOC Relation, International Olympic Committee (IOC) which contemplates that if the NOC fails in fulfilling the conditions of the Olympic charter, it would create a hindrance for athletes of India to represent themselves and the country under the national flag at neither the Olympics nor any other International sports event.
Also, the NOC would not receive funding from the Olympic movement till the existence of suspension.
It was highlighted by Mr. Mehta that the IOC had made the decision to treat the Secretary General of the IOA as the main point of contact.
With regards to the aforementioned communication, the Solicitor General stated proposal by IOC for joining meeting on 27th September 2022 in Lausanne.
IOC session about to take place in Mumbai in May 2023 has been postponed to September-October 2023. IOC session’s 2023 location shall be India or not will be dependent on the decision taken during the IOC executive board meeting in December 2022.
Keeping in mind that the IOC doesn’t recognize any interim/acting president of the NOC, the Solicitor General suggested the charge of Secretary General of IOC to be of day-to-day administration.
Also, for the amendment of the constitution of IOA, he suggested the appointment of a retired judge of Supreme Court, for the preparation of electoral rolls and holding elections, while urging the Court to ensure the changes being brought before the December 2022 meeting of the executive board.
The bench, here, threw the indication of their willingness of appointment of a neutral person to run day-to-day affairs of IOA, asking the Union Ministry to interact with the IOC regarding the matter to direct further on the next date of hearing.
On 18th August, the bench led by the Chief Justice of India had passed the status quo order when told that the CoA was due taking over.
The bench had however, not issued notice as the matter was orally mentioned by Mr. Tushar Mehta.
The Issue –
The issue took birth while the filing of a 2010 petition by Senior Advocate Rahul Mehra seeking the constitution of the IOC according to the elections as per the National Sports Code.
A division bench of Delhi High Court consisting of Justice Najmi Waziri and Justice Manmohan had noted that the IOA committee discontinued as per the National Sports Code and passed an order on 16th August stating that no recognition shall be granted from the Government given the sports federation did not comply with the laws of India, along with the benefits and facilities to stop.
In the last bearing, the Solicitor General appeared for the Central Government, stating the appointment of CoA as being outside interference, thus, leading to the suspension of IOA, in similar fashion to that of the All India Football Federation (AIFF) by the FIFA, which was suspended citing Supreme Court’s order considering “undue influence from third parties” by the constitution of CoA taking over its affairs.
The matter will be next heard on 22nd September, 2022.