Asian Games training: Delhi HC rejects plea against Kabaddi team coach's removal in view of sexual harassment allegations
Oct 04, 2023
New Delhi [India], October 4 : The Delhi High Court has recently dismissed a petition challenging the order of the Sports Authority of India (SAI) relieving Ashan Kumar from the position of chief coach of the Indian Kabaddi Team for the national coaching camp being held for the preparation of the Asian Games in 2023.
Justice Subramonium Prasad said that the order disassociating the petitioner from the position of the Chief Coach during the enquiry by the Internal Complaints Committee cannot be said to be illegal or irrational, and it also does not suffer from procedural irregularities.
"There are serious allegations against the petitioner for the offence under Sections 354-A, 354-D and 506 of the IPC and under Section 12 of the POCSO Act, 2012. This Court is not inclined to interfere with the decision arrived at by the respondents," Justice Prasad said in the judgement passed on September 26.
The petitioner, Ashan Kumar, had approached the Court challenging the Order of September 22, 2023, passed by the Ministry of Youth Affairs and Sports, Government of India, and the Order of September 23, 2023, passed by the Sports Authority of India (SAI), relieving the petitioner from the position of Chief Coach from the ongoing National Coaching Camp for Indian Kabaddi Team (Boys) for the Asiad Games, 2023.
The petitioner is an Arjuna Awardee and was selected to coach the Indian Kabaddi Team (boys) for the 2023 Asiad Games.
An FIR on September 4, 2023, was registered against the Petitioner by a girl for the offence under Sections 354-A, 354-D and 506 of the IPC and under Section 12 of the POCSO Act, 2012, at Police Station Bhiwani.
In the FIR, the complainant has alleged that the petitioner has harassed her.
The high court also noted that a closure report has been filed by the police, and the complaint was referred to the Internal Complaints Committee (ICC) of the Amateur Kabaddi Federation of India (AKFI) on September 17, 2023, and the report from the ICC is pending.
A decision on September 23, 2023, to relieve the Petitioner from the position of chief coach of the ongoing National Coaching Camp during the pendency of the ICC report, the high court further noted.
The petitioner's counsel submitted that the petitioner is the chief coach of the men's Kabadi team and has nothing to do with the women's Kabadi team.
He also stated that the complainant was not even probable. The complainant and her father have given affidavits stating that the complaint against the petitioner was filed due to some misunderstanding, and the police have also filed a closure report in the case.
Therefore, he argued, the decision of the AKFI to refer the case to the ICC should be struck down, and the order dated September 23, 2023, passed by SAI relieving the petitioner from the post of chief coach of the men's Kabadi team deserves to be set aside.
