WFI Moves Supreme Court Against Delhi HC Order Allowing Vinesh Phogat In Asian Games Trials

The Bench of Justices P S Narasimha and Alok Aradhe is scheduled to hear the matter on Friday, i.e. May 28.

The SLP has been filed through AoR Towseef Ahmad Dar. 

The High Court’s division bench, in its May 22 order, had allowed Phogat’s participation in the selection trials, observing that the WFI’s selection policy appeared exclusionary as it did not provide sufficient discretion to consider an “iconic player” returning after a maternity break. The High Court had also directed that the selection trials, scheduled for May 30–31, be video-recorded by the Wrestling Federation of India.

It further ordered the presence of independent observers from the Sports Authority of India (SAI) and the Indian Olympic Association (IOA) to ensure transparency in the selection process. “It cannot be denied that the journey of a female athlete through pregnancy and the post-partum period is one that is marked by extraordinary physical challenges, the magnitude of which is often insufficiently acknowledged within institutional sporting frameworks. We cannot remain oblivious to the physiological realities and disadvantages related to child birth that female athletes undergo during maternity”, the High Court had observed.

The Bench also strongly criticised the Wrestling Federation of India (WFI) for issuing what it termed a “deplorable” show-cause notice to Phogat and held that the Federation’s conduct appeared vindictive and mala fide. The WFI had referred to Phogat’s disqualification from the Paris Olympics for being overweight as a “national shame” and “national embarrassment.”

Taking exception to these remarks, the Court had said, “Such observations made in the SCN despite the award issued by CAS [Court of Arbitration for Sport], which clearly held that there was no wrongdoing on part of the appellant, appear to be pre-mediated and are ex-facie misconceived and ought to have been avoided. Such observations are retrograde and show the mala fide intent of respondent No. 1 [WFI] by being vindictive against the appellant.”

The Court had stated,“Motherhood must be viewed as a natural and deeply significant aspect of life that deserves accommodation and institutional sensitivity.” It had further held, “In view of the peculiar facts and circumstances of this case, it is clear that except for the appellant’s motherhood and the show cause notice issued by respondent no. 1, she would be entitled to participate in the selection trials. Therefore, the circumstances were beyond her control and while the legality of the policy, the circular and the outcome of the show cause notice is examined by the learned single-judge, it is deemed appropriate to protect the interest of the appellant by permitting her to participate in the selection trials.”

The Bench directed that the selection trials would be video-recorded by the WFI. It also ordered the Central government to nominate two independent observers from the Sports Authority of India (SAI) and the Indian Olympic Association (IOA) to oversee the process and submit reports before the single judge hearing the matter further in July.