CHENNAI: The sports ministry and National Sports Federations (NSFs) are facing a torrid time over recognition once again. The Delhi High Court, on Friday, said recognition cannot be granted to NSFs that do not comply with the sports code.
The court was hearing a petition filed by sports lawyer Rahul Mehra. The court also directed the ministry to file a reply within 10 days and show if all the NSFs granted recognition comply with the code.
Mehra had filed a petition on November 3 that highlighted how the ministry had granted recognition to 41 NSFs despite not following the 2011 National Sports Development Code (NSDC) in letter and spirit.
The two-judge special bench of Justices Vipin Sanghi and Najmi Waziri made serious observations during the hearing and told the ministry that the code must be followed in totality as directed by the Supreme Court.
Mehra said, it even told the ministry if federations are not following the code, then they cannot be given recognition.
The court, through an order on November 6, had directed the ministry to tell whether all 41 federations comply with the code.
"We are of the opinion that before hearing submissions on admission, Mr Anil Soni, learned CGSC (Standing Counsel) appearing for the Union of India be called upon to assist this court by indicating as to whether all the 41 NSFs (...) are in compliance with the Sports Code."
"Mr. Anil Soni, states that he will prepare a tabulated statement along with copies of the replies submitted by all the 41 NSFs, in terms of the letter dated 07.08.2020 issued by the ministry and the latter’s satisfaction apropos the requirements."
According to the petitioner, the court took exception for not filing these details and had given ministry one last opportunity to file the affidavit failing which the sports secretary needed to be present during court's next hearing on January 22.
Interestingly, the sports ministry while granting recognition to all the federations, had inserted a clause that indicated all NSFs were not complying with the sports code.
The letters granting recognition said they have been given six months time to align their constitution with the sports code.
The petitioner pointed this out to the bench and in his petition he said, the respondent "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".
He therefore urged the court to derecognise the 41 NSFs that had been granted recognition (until November 3). According to the sports ministry website, there are 54 recognised units as of now.
Fate of 14 federations The ministry had granted recognition to 14 NSFs like Athletics Federation of India, Boxing Federation of India, Indian Golf Union till December 31 because elections were due.
The petitioner in fact requested the court to call these elections null and void because they were held without amending the constitution as per sports code.
According to the petitioner, the court observed that ministry should not take a call on 14 federations' recognition.