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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