Sports lawyer Rahul Mehra moves HC to quash recognition of NSFs

Lawyer fighting for sports code implementation tells court all those given go-ahead are non-compliant.
Delhi High Court (File hoto | Shekhar Yadav, EPS)
Delhi High Court (File hoto | Shekhar Yadav, EPS)

CHENNAI: Days after the sports ministry granted recognition to 41 National Sports Federations (NSFs), sports lawyer Rahul Mehra has approached Delhi High Court to quash those decisions because of National Sports Development Code (2011) violation. 

The ministry had informed the court of its decision to grant recognition to NSFs through five affidavits dated October 3, 6, 9, 19 and 20.

Mehra, who has been vocal about non-compliance of Sports Code by NSFs, has challenged the decision of the ministry to grant recognition, calling it 'arbitrary'. 

"It is submitted that the impugned decisions are contrary to the National Sports Development Code of India, 2011 (Sports Code), and have been issued in a wholly arbitrary manner. 

It is submitted further that the failure of the Respondent (Union of India/sports ministry) to initiate appropriate action against NSFs that are in violation of the Sports Code is wholly illegal, inasmuch as the Respondent is bound to initiate appropriate proceedings and suspend/derecognise any NSF that is not in compliance with the provisions of the Sports Code," Mehra contended.

Through his petition, Mehra pointed out that the respondent "has erred in not initiating appropriate action against NSFs despite knowing/possessing material that disclose that the NSFs have been and are in violation of the Sports Code".

Mehra urged the court to direct the ministry to "grant recognition to entities only after duly material demonstrating such entities as being in compliance with the Sports Code". He also urged the court to direct the ministry "to implement the Sports Code strictly in its terms, without granting any exemption therefrom".

He also urged the court to direct the ministry to "issue notices, hear and take action forthwith against entities that were granted recognition till 31.12.2019 despite being in violation of the Sports Code, including proceedings for recovery of funds provided to such entities in violation of the Sports Code."

Pointing out that none of the federations adhere to Sports Code in letter and spirit, Mehra requested the court to direct the ministry to derecognise all non-compliant federations. According to the petition, all 57 NSFs recognised by the ministry in May and June were in likely violation of the sports code.

In his writ petition filed on Tuesday, Mehra indicated that there have been instances when the ministry granted recognition to federations violating sports code and has been selective too.

Mehra even mentioned previous hearings and submitted that there have been instances when "the respondent will preferentially enforce the sports code strictly against certain NSFs, while ignoring illegalities perpetrated by the other NSFs".

Though the federations' recognition was not renewed this year, training of sportspersons was not hampered. Even foreign exposure trips and participation in competitions went on without problems. 

Of late, there have been activities in the NSFs after they got letters from the ministry in October. 
The recognition is for one year from the date of issue. Some federations were given recognition till December 31, so that they finish their election formalities.

As of now 41 NSFs have got recognition.

All eyes will be on Delhi High Court on its next course of action.

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