Relief for wrestler Sumit, his doping suspension to end on October 6

I was taunted and teased at dangals, and even my family was subjected to negative comments, says Haryana wrestler

India's heavyweight wrestler Sumit Malik.

CHENNAI: In a relief for India's heavyweight wrestler Sumit Malik, the Court of Arbitration for Sport (CAS) on Thursday handed a 17-month suspension to him for testing positive for a stimulant. The CAS also backdated the sanction to the maximum limit that is to the date of sample collection. Given the development, Sumit's period of ineligibility will end on October 6 this year.

The Haryana wrestler was handed a provisional suspension in June last year for failing a dope test conducted during the World Olympic Qualifier in Sofia, Bulgaria in May. He finished second in the 125kg weight category at the event and qualified for the 2020 Tokyo Games. His urine sample was collected on May 7.

The 29-year-old Sumit then requested to get his B sample tested, which also returned positive for a specified substance Methylhexanamine (MHA). This led the United World Wrestling (UWW), the sport's governing body, to ask him to accept a ban for two years, which he contested later at the CAS.

The International Testing Agency (ITA), which collected and tested the sample, had also written to the athlete to accept a two-year suspension after rejecting the wrestler's contention that the banned substance entered his body through a supplement.

Since the substance was a specified substance, its use in competition was banned. To be precise, CAS arbitral award says, "The Prohibited Stimulant is prohibited by WADA and UWW in-competition as a specified stimulant listed in S6.B of the 2021 and 2022 WADA prohibited list."

According to the Arbitral Award delivered by the Anti-doping division of the CAS, "On 3 March 2022, the ITA informed the Athlete that it did not accept his explanations or that a reduction of the period of ineligibility was warranted. It therefore invited the Athlete to accept a two-year suspension."

However the athlete "refused to agree to a two-year suspension and requested that the matter be referred to the Anti-Doping Division of the Court of Arbitration for Sport (“CAS ADD”) for adjudication."

UWW pressed for a two-year suspension saying, "conceded that there was no element on record showing that the Athlete’s ADRV was intentional within the meaning of Article 10.2.3 of the UWW ADR. Accordingly, pursuant to Article 10.2.2 of the UWW ADR, the starting point of the Athlete’s period of ineligibility is two years."

"The two-year suspension could be reduced if the Athlete was able to satisfy the conditions in Articles 10.5 (no fault or negligence), 10.6 (no significant fault or negligence) or 10.7 (other grounds for reduction)." But the UWW could not find any.

The statement of UWW during the hearing said, "If Article 10.6 of the UWW ADR was found to apply, UWW submitted that, having regard to the categories of fault set out CAS 2013/A/3327; CAS 2013/A/3335 and modified by CAS 2016/A/4371, the facts and circumstances warranted a sanction at the top end of the 16-24 month bracket." The UWW also did not oppose any sanction commencing on 7 May 2021 (the date of the doping control).

The sole arbitrator found inconsistency in Sumit's explanation too. "However, given the inconsistency between the 3 July 2021 explanation and the 3 June 2022 Answer and the fact that the Athlete did not himself give evidence of performing the said internet searches, the Sole Arbitrator is not satisfied that the Athlete did in fact conduct an internet search in relation to KSL Projects or Alpha Sports Nutrition."

Finally the arbitrator ruled:
1. The request for arbitration filed by United World Wrestling on 13 March 2022 against Mr. Sumit Malik is partially upheld."
2. Mr. Sumit Malik committed an anti-doping rule violation in contravention of Article 2.1 the United World Wrestling Anti-Doping Rules."
3. Mr. Sumit Malik is sanctioned with a period of ineligibility of seventeen (17) months starting from 7 May 2021 and ending on 6 October 2022."

Relief for Sumit

Sumit was a relieved man as he would be able to get back on the mat next month. "The goal is to win gold at the upcoming nationals and get into the camp. The immediate big ticket event is the Asian Games and I hope to qualify for it by winning the trials," Sumit told this daily.

After the sanction, Sumit through sports lawyer Vidushpat Singhania and his associates in Krida Legal contended that the source of the prohibited substance was a contaminated supplement that he had consumed prior to his bout, which took place a day prior to the date of sample collection. According to Singhania the panel accepted the source of the prohibited substance as the alleged contaminated supplement.

However, it was of the opinion that there was a certain degree of fault of Sumit while consuming the supplement and determined the same to be on the "border of moderate to considerable" while reducing the period of ineligibility on Malik.

Hopeful of positive development, Sumit kept training throughout the last year. He also took part in mud wrestling (dangal) competitions. However, dope taint followed him there as well. "I was taunted and teased at the venues. People were doubtful and even my family was subjected to negative comments. I hope I can erase these unpleasant memories from my life and win an Asiad medal, Olympic qualification is also in my mind," said Sumit, who had won gold at the 2018 Commonwealth Games.

Managing partner of Krida Legal Singhania and associate Achyuth Jayagopal appeared on behalf of the wrestler and presented their arguments on August 22. "It's beneficial for Sumit that no one has made 125kg his own weight category in this period. I hope he will make a strong comeback and redeem himself," said Satpal Singh, Sumit's coach at Chhatrasal Stadium.