Stop funding federations not complying with Sports Code: Delhi High Court directs Centre

The Delhi High Court on Friday directed the Centre to immediately stop funding money to National Sports Federations (NSFs) that have not complied with the Sports Code and judicial orders related to their functioning.

Passing the order, a division bench of Justice Najmi Waziri and Justice Vikas Mahajan noted that there was no clarity as to which NSF was complying with the Sports Code.

"Therefore, it would be only logical, prudent, legal and just that the government monies be not expended on entities whose status in law is yet to be determined...Accordingly, no more monies will be expended nor any assistance is extended to any NSFs, till the next date,” Court opined.

Court added that it hopes that the entire exercise of ensuring compliance will be completed by the end of the month. “The respondent shall ensure that monies, patronage, and other facilities to NSFs will be resumed, in particular, only when the NSFs comply with Annexure 2 of the Sports Code, as well as in terms of the orders passed by the Supreme Court and by this court,” Court ordered.

Court was dealing with a petition filed by Senior Advocate Rahul Mehra alleging that despite more than a decade has gone since the Sports Code was introduced, many NSFs are yet to comply with the rules and yet they continue to get refunds from the government.

Mehra seeks action against the bodies which have not complied with the rules introduced by the Centre or the judicial orders passed by the High Court and the Supreme Court.

On Friday, L.S. Singh, the Joint Secretary Ministry of Youth Affairs appeared personally in the court and handed over a one-page Status report of 5 groups of NSFs that have been granted an extension of time by the ministry for complying with the Sports Code.

“According to the compilation, 15 NSFs have complied with the Sports Code, 6 NSFs have been granted exemption from certain provisions of Sports Code, apropos 3 NSFs Administrators have been appointed through judicial orders, 5 NSFs need to carry on minor amendments in their respective constitutions and lastly 17 NSFs require extensive amendments,” stated the report.

Mehra disrupted the report’s veracity and handed over a 15 paged tabular compilation, showing that at least 24 NSFs have supernumerary posts/persons in the management or otherwise, positions that are not contemplated in the Sports Code and a copy of the same compilation had been handed over to the UOI and the officer.

Taking note of the same, Court noted, “Most importantly, none of the NSFs’ have ensured the compliance with condition mentioned under clause 3.20 of Annexure 2 of the Sports Code i.e., which stipulates that 25 percent of the management shall comprise prominent sportspersons of outstanding merits with voting rights.”

Court further stated, “The non-representation of sportspersons violates the essential element and spirit of the regime of sports administration.”

Furthermore, Court directed, “In the interim, however, the assistance provided to sportspersons through the Sports Authority of India (SAI) will be ensured and wherever necessary, augmented. The non-compliant NSFs shall be put to notice of suspension of their recognition.”

The matter will now be listed on July 20, 2022, as part-heard.

Case Title: Rahul Mehra v. Union of India