Delhi HC grants NADA time to reply to athlete Abhijeet Gurav's plea against suspension
Jul 30, 2020
New Delhi [India], July 30 : The Delhi High Court on Thursday granted time to National Anti-Doping Agency (NADA) to reply to athlete Abhijeet Gurav's plea challenging his de-facto suspension from participating in any powerlifting competition in the world after the agency charged him for violation of its rules.
A division bench of Chief Justice DN Patel and Justice Prateek Jalan allowed NADA's request seeking time to file a reply on the petition and listed the matter for further hearing on August 13.
Gurav, through advocate Debesh Panda, has filed a fresh application seeking appropriate directions and urgent hearing after NADA issued another notice against his client on June 17.
In his application, Guruv said that he is constrained to prefer the instant application as it apprehends that respondents may proceed with the proposed hearing before the anti-doping disciplinary panel.
His counsel submitted that in the event the said hearing takes place the petitioner would be unduly prejudiced as he is a resident of Mumbai and on account of the COVID-19 pandemic would have to expose himself to tremendous risk if he is compelled to travel to New Delhi to attend the said hearing.
"That the urgency in the matter stemmed not only from the fact that the petitioner was being restrained from participating in any sporting activities on the basis of the Anti-Doping Rules, 2015 which did not have any statutory backing, but also because even if one were to assume without admitting that the charge against Petitioner was taken to be proved, it would at best entail a penalty that ranges from no ineligibility to maximum ineligibility for a period of 48 months under the Anti-Doping Rules, 2015, and therefore, urgent adjudication of the matters agitated was desirable," the application said.
Earlier, the Delhi High Court had issued notice to NADA on powerlifter Abhijeet Gurav petition challenging his de facto suspension from participating in any powerlifting competition the world after NADA charged him with violation of the National Anti-Doping Rules.
Gurav has also sought a direction that he is not prevented from participating in any powerlifting competition worldwide. He has challenged Article 7.3 (f) of the National Anti-Doping Rules, 2015.
Gurav's advocates Debesh Panda and Prateek Bagaria said that Article 7.3 (f) of the National Anti-Doping Rules as ultra vires of the World Anti-Doping Code, 2015 and Article 14 and 21 of the Indian Constitution.
The counsel has also said that petitioner's de facto suspension from participating in any powerlifting competition the world, as arbitrary, illegal and in violation of Articles 14, 19 (1) (g) and 21 of the Indian Constitution.
Gurav has also sought the court's direction to NADA to compensate him for the losses suffered by him on account of the notice, to be quantified at a later stage. He also sought stay on the operation of the impugned notice and subsequent communications in relation thereto, and or directing the respondents not to take any action in pursuance of the impugned notice.
