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The Delhi High Court today dismissed with a cost of Rs 10,000, a plea alleging that while reopening swimming pools after the Covid-19 lockdown, the Government of National Capital Territory of Delhi (GNCTD) has restricted entry to the same for practice only to national-level swimming champions.

The plea states that such a practice is arbitrary and against Article 14 of the Indian Constitution.

The division bench of Chief Justice DN Patel and Justice Jyoti Singh was however informed by the counsel appearing for Delhi Government that the averments made by the petition were factually incorrect and there was no such restriction of practise for the selected few champions. Moreover, the swimming tournament in question has been concluded on Sep 26 already.

After hearing the counsel for Delhi Government, the court raising a query before the petitioner, asked, “What is the basis of your argument? Without any basis you cannot argue. Do you have any notification or public notice which restricts common people from practicing in swimming pools?”

The petitioner however sought time for submitting the annexures.

 At this Chief Justice DN Patel said, “Aisa nai hoga.. aap log aise hi petition file kar dete ho. Iski cost lagegi. Aisi arguement hum chalate nahi hain...”

("This won't be allowed..you people file petitions just like that. There will be a cost on this. We do not allow such arguments.")

The court further observed, “Petitioner has failed to prove his argument. Bare assertion has no value in court. Even if this argument is canvassed 10 times, there is no value.. court of law is court of evidence... Petition dismissed with a cost of Rs 10,000.”

Advocate Ramesh Gopinathan, the petitioner submitted that from April 2021 though the swimming pools in the city of Delhi have been opened, but they are only allowing selected players access to the same - which is illegal and arbitrary for common people, who could not practice and participate in the swimming tournament held on September 26.

Case Title: Ramesh Gopinathan vs UOI Ministry of Sports and ors