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Synopsis

The Delhi High Court has recently upheld the removal of Ashan Kumar from the position of Chief Coach from ongoing National Coaching Camp for the Indian Kabaddi Team (Boys) for Asian Games, 2023 to be held in China.

Noting that there are serious allegations of sexual harassment and stalking against Kumar (the petitioner), the bench of Justice Subramonium Prasad said, “There are serious allegations against the Petitioner for the offence under Sections 354-A, 354-D and 506 of IPC and under Section 12 of The POCSO Act, 2012. This Court is not inclined to interfere with the decision arrived at by the Respondents”.

“The order disassociating the Petitioner from the position of the Chief Coach during the enquiry by the Internal Complaints Committee cannot be said to be illegal, irrational and it also does not suffer from procedural irregularities,” the judge said.

The petitioner was challenging an order dated September 22, 2023 passed by the Ministry of Youth Affairs and Sports, and September 23, 2023 passed by the Sports Authority of India (SAI) relieving him from the position of Chief Coach from the ongoing National Coaching Camp for Indian Kabaddi Team (Boys) for Asiad Games, 2023 to be held at China.

Kumar is an Arjuna Awardee and was selected to coach the Indian Kabaddi Team (Boys) for Asian Games, 2023 to be held in China.

On September 4, 2023, an FIR was registered against Kumar by a girl for the offence under Sections 354A, 354D and 506 of IPC and under Section 12 of the POCSO Act, 2012.

In the FIR the complainant alleged that Kumar had harassed her and used to ask her to meet him and had also threatened her that if she did not meet him, then he would ensure that she was not selected in the team.

“In a closure report filed by the Police and the complainant, they referred to the Internal Complaints Committee (ICC) of the Amateur Kabaddi Federation of India (AKFI) on September 17, 2023 and the report from the Internal Complaints Committee (ICC) is yet to be received”, the court noted.

Court also noted that since the case was pending before the ICC of AKFI, the SAI took the decision to relieve Kumar from the position of chief coach.

The counsel for Kumar contended that Kumar is a chief coach of the men’s Kabadi team and has nothing to do with the women’s Kabadi Team. He submitted that the complainant was not even a probable and that the complainant and her father in their affidavits had stated that the complaint was filed due to some misunderstanding.

“The team has to leave for China on 28.09.2023 and relieving of the Petitioner from the post of chief coach at this juncture would have a serious impact on the performance of the team”, he contended.

Taking note of the submissions, Justice Prasad, opined that there was a complaint against the coach and that allegations were “serious in nature”, including the one under the POCSO Act, the decision of the SAI relieving the petitioner from the post of chief coach could not be said to be arbitrary.

While upholding the impugned orders, the court ordered, “Accordingly, the writ petition is dismissed, along with pending application(s), if any”.

Case Title: Shri Ashan Kumar v. Union of India and Others