Delhi HC seeks response of Centre on WFI's plea challenging its suspension
Apr 09, 2024
New Delhi [India], April 9 : The Delhi High Court on Tuesday sought a response from the Ministry of Sports and Youth Affairs (MYAS) in a plea of the Wrestling Federation of India (WFI) challenging its suspension. WFI was suspended on December 24, 2023, by the Central Government.
Justice Subramonium Prasad issued a notice to the Central Government and sought a response. The High Court granted four weeks to file a reply.
The matter has been listed on May 28 for further hearing.
The Central Government had suspended WFI after Sanjay Singh, a close aide, won the election for the post of president.
The Ad-Hoc committee constituted on the order of the Central Government has also been dissolved by the Indian Olympic Association (IOA).
WFI had moved a petition through Advocate Hemant Phalpher challenging its suspension. It said that the suspension is against the principle of natural justice.
Senior advocate Dayan Krishnan appeared for WFI and he submitted that the Ministry's order of suspension is against the principle of nature and the National Sports Code of India 2011.
He argued that the wrestling body was suspended by the government without giving notice. National Sports Code says that a show cause notice must be issued before taking a decision like suspension.
It is said that suspending the Wrestling Federation of India on December 24, 2023, without giving any show cause notice, warning, opportunity of being heard or following the very basic principles of natural justice.
It is further stated that the said suspension is in clear violation of the judgement of this Court in the Indian Hockey Federation versus the Union of India.
The elections to the Executive Council of the Wrestling Federation of India were due in January 2023.
The elections to the EC of the WFI could not be held. Due to some allegations of harassment made by some wrestlers against the then President of the WFI, the MYAS appointed
an Oversight Committee to inquire and thereafter submitted its report in March 2023, the plea said.
The plea said that the elections were held on December 21, 2023, in the presence of observers from UWW, MYAS, IOA and the Returning Officer.
The MYAS issued an impugned letter dated December 24, 2023 (a government holiday) sent on a government holiday on December 25, 2023, to the WFI stating that the WFI is suspended on frivolous grounds that it did not hold a proper EC meeting and did not invite the Secretary of the WFI for such a meeting, it added.
It is contended that, first, the MYAS ought to issue a show cause notice to the WFI, following the basic principle of natural justice, to hear the WFI before taking any decision.
Secondly, the WFI passed all such decisions in the General Council meeting on December 21, 2023, which was already scheduled to be held on December 21, 2023. The WFI had issued a reply to the MYAS on December 26, 2023, to which the WFI has received no reply, it added.