Sunday, 14 December 2014

Delhi High Court: PIL challenging boxer Sarita Devi's suspension by International Boxing Association listed for further consideration on December 17


A Public Interested Litigation has been filed before the Delhi High Court challenging the decision taken by the International Boxing Association decision to suspend boxer Laishram Sarita Devi for refusing to accept the bronze medal at the Asian Games podium ceremony in South Korea earlier this year. 

Sarita Devi
 
The petition filed by senior advocate Mr. Rajiv Dutta has sought a direction to the Centre to take due cognizance of the rules and regulations framed by Court of Arbitration for Sports (CAS) situated in Lausanne for settling disputes. It also seeks a direction to the Centre to exercise its inherent power to direct the respective local federations and associations situated within its jurisdiction to incorporate the CAS Arbitration Clause within their respective rules.

A PIL which came up for admission before a Division Bench of Chief Justice G Rohini and Justice RS Endlaw, was posted for further consideration of the Court on December 17. The Bench also directed the petitioner to furnish a copy each of CAS rules to the Centre and the Indian Olympic Association.

The petitioner contends the Centre has failed to consider that athletes registered with the local federations like Boxing India do not have any recourse against punitive measures recommended by international forums. It is averred in the petition that the incident involving Sarita Devi is merely an indication of the larger malaise prevalent in the sports administration and particularly in sports federations.

The petition seeks to ensure that there are clear guidelines and a framework in place to ensure that such an incident does not recur by implementing clear procedures for dispute settlement within the sports bodies.  The petitioner has sought for the issuance of a direction to the Centre and the Indian Olympic Association to take immediate and urgent steps to file appropriate legal remedies against the suspension decision taken by the international boxing association pursuant to decision dated October 21 taken by its disciplinary committee

It alleges that there is absolutely no clarity on resolution of disputes in the event that an international body like International Boxing Association takes any coercive action against individual sports persons, as has occurred in the case. The petitioner has also sought for the issuance of a direction to the Centre to take due cognizance of the rules and regulations framed by Court of Arbitration for Sports (CAS) situated at Lausanne, Switzerland, especially rules relating to referring sports disputes to arbitration.


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