New Delhi: The Delhi High Court Friday stopped the Centre from extending grants, funds and patronage to those national sports federations (NSFs) that do not comply with the National Sports Development Code of India (NSCI).
A bench of justices Nazmi Waziri and Vikas Mahajan pronounced its order on a 2020 petition filed by senior advocate Rahul Mehra, who had sought compliance by NSFs with a 2014 Delhi HC judgment that had declared the NSCI the law of the land for sports bodies.
The NSCI is an amalgamation of the orders issued by the Government of India since 1975 for NSFs.
One of the guidelines under it requires that 25 per cent of a sports federation’s members should be “eminent sportspersons of outstanding merit” and that they must be conferred with voting rights. According to Mehra, most sports bodies do not comply with this particular provision.
During the hearing, the court was told by a joint secretary from the Ministry of Youth Affairs and Sports that 15 NSFs are fully compliant with the NSCI, while six have been granted exemption from certain provisions of the code and three NSFs are being managed by a committee of administrators (COA) under judicial orders.
According to the government, five NSFs need to carry out minor changes to comply with the sports code, while 17 are required to undertake major measures.
Mehra, though, disputed this break-up and submitted his own compilation to show that at least 24 NSFs violate the sports code. Mehra cited the example of the Wrestling Federation of India to submit that this NSF does not even have a constitution. “There are many others who, similarly, do not qualify for grant of benefits or sustenance for their recognition,” he told the bench.
While the joint secretary with the Union sports ministry informed the bench Friday that “concerted efforts are underway to ensure compliances are made by end of June”, the court noted in its order that the picture is “unclear” as to which of the NSFs are fully compliant.
“…It is, therefore, prudent that no more monies or assistance be extended to any of the NSFs, at least till the next date, unless they comply with the code,” said the court order.
Meanwhile, to ensure that players are not affected, the court has directed the government to provide assistance to sportspersons directly via the Sports Authority of India (SAI). Non-compliant NSFs should be immediately put on notice of suspension, the court said.
‘More red cards coming up’
The order said that the NSFs have to ensure compliance with the code provision stipulating that 25 per cent of its management shall comprise prominent sportspersons. “The whole spirit behind the regime [set out in the code] is largely defeated, if this essential element of sports administration is not followed,” the court observed.
It said the government must extend financial assistance to an NSF only if it complies with the provision of having sportspersons as its members. It also reminded the sports bodies of ‘Annexure 3’ of the code that deals with withdrawal or suspension of a body’s recognition.
Asking the SAI to step in, the bench told the joint secretary that the ministry should “take everything in its hands”, and that “the endeavour is that they should all be compliant”.
“Let them not say that our players are going to suffer. It is unsporting and not sporting at all to not comply with the rules. There are more red cards coming up,” it said.
Fixing 20 July as the next date of hearing, the court asked the joint secretary to be present on that day and present a status report.
During a hearing in the same case, Mehra had Thursday informed the court that the ministry disbursed nearly Rs 1237.56 crore to NSFs, including the Indian Olympic Association (IOA), between 2009-10 and 2019-20 on the explicit, statutory understanding that they will comply with the sports code.
Disbursement of funds, said Mehra, is in conformity to the sports code, provided the federations too follow the same.
The court had noted Thursday that the government itself had, in August 2020, admitted that 57 NSFs had not complied with the code. However, the government had not been aware of the progress made after the notices it had issued to these NSFs. It had then asked the joint secretary from the sports ministry to appear and assist the court in the matter.
(Edited by Zinnia Ray Chaudhuri)
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