Delhi HC issues notice to NADA on Bajrang Punia's plea challenging his suspension

New Delhi [India], September 11 : The Delhi High Court on Wednesday issued a notice to the National Anti-Doping Agency (NADA) on a petition moved by wrestler Bajrang Punia, in which the grappler has challenged his provisional suspension.
He has also challenged the issuance of a formal Notice of Charge of 21.06.2024 seeking to ban the Petitioner for a period of up to four years.
It is stated that since he first represented India at the 2013 Asian Wrestling Championships, the petitioner has won several laurels for the country, including but not limited to the bronze medal at the 2020 Tokyo Olympic Games, and gold medals at the 2018 Asian Games and 2022 Commonwealth Games in the 65kg freestyle category.
The petitioner has over the years successfully competed and won in various international competitions and has played an integral role in the development and advancement of the sports industry of India. The petitioner has actively contributed towards the advancement of sports through representation, advocacy, as well as activism when necessary.
Justice Sanjeev Narula issued a notice to NADA and sought a response. The matter has been listed on October 16 for further hearing.
However, the bench refused to give any interim relief as of now.
Senior advocate Rajiv Dutta along with Vidushpat Singhania appeared for Bajrang Punia. Senior advocate Dutta argued that if there is no provision for provisional suspension, then how can it be imposed? It was further argued that an outdated kit was used for testing.
The senior counsel said that the petitioner's age is 35 and the world wrestling championship is around, if he is not allowed, his career will get ruined.
The bench said that how can it be done without hearing the other side. The counsel for the respondent submitted that there is a mechanism for redressal.
Punia has sought a direction, directing a suspension and/or quashing of the notice dated June 21, 2024, wherein an order imposing a provisional suspension has been passed by NADA, "without application of mind" and "without even considering the explanations and evidence provided by the Petitioner."
He has sought a direction for an independent investigation and inquiry to be conducted to investigate the use of single/expired kits and the incidents of December 13, 2023, December 15, 2023, March 10, 2024, and April 6, 2024, citing the "violation of rules by the respondent" and the subsequent "non-transparent and suspicious cover-up by NADA."
Punia has alleged the gross violation of regulations and guidelines in performing its functions as a statutory body duly constituted under the National Anti-Doping Act, 2022 (the "Act").
It is stated that the act specifically stipulates that the NADA is responsible inter alia for adopting rules and policies in conformity with its international obligations performing its function in accordance with such rules and policies, and establishing a code of conduct for persons employed or engaged by it.
It is further alleged that NADA has failed to follow proper procedure and applicable guidelines in performing its functions, particularly while testing the petitioner and thereafter failed to maintain transparency whilst covering up the violation, resulting in the infringement of the fundamental rights of not just the Petitioner but possibly countless other athletes.
The actions of the respondent are in direct contravention of Articles 19 and 21 of the Constitution of India, the plea said.
The respondent has repeatedly violated the guidelines and procedural protocols as mandated by the law whilst conducting testing of the petitioner, which has resulted in illegal, negligent and arbitrary action against the petitioner infringing upon his fundamental rights, the petitioner has alleged.
Notably, the petitioner (Bajrang Punia) was one among the numerous athletes and activists who took part in the protest against Brij Bhushan Sharan Singh - the then President of the Wrestling Federation of India (WFI) in the wake of the multiple sexual harassment complaints against him in January 2023.
Women Wrestlers had also participated in the peaceful protests that were being conducted against Brij Bhushan Sharan calling for Brij Bhushan's resignation in the wake of multiple female wrestlers filing complaints against him inter alia accusing him of sexual harassment.