Read Time: 10 minutes

The Supreme Court today has granted liberty to Five Time Paralympian shooter Naresh Sharma to approach the Division bench of Delhi High Court where the matter is already sub judice.

Directions have also been issued to the division bench of Delhi High Court by the bench comprising Justice AM Khanwilkar and Justice Sanjiv Khanna to hear the matter expeditiously.

“Mr. Singh submits that the petitioner be granted liberty to approach the HC where the writ is pending. Accordingly, we dismiss the plea & grant the petitioner liberty to approach the High Court. We direct the division bench of HC to dispose of the matter expeditiously,” Court in its order said.

Senior Advocate Vikas Singh appearing for Naresh Sharma while submitting that the Paralympic Committee had refused to consider Sharma’s name as additional participant requested the Court to pass directions directing the Single Judge of Delhi High Court to hear the matter tomorrow.

“Let the single judge hear the matter tomorrow. She has heard the matter at great length,” Senior Advocate Singh submitted. 

Upon Senior Advocate Singh’s submission the Court enquired as to whether the matter had been disposed of by the Single Bench. 

“The Division Bench is hearing an appeal against Single Judge order,” submitted Senior Advocate Singh.

The International Paralympic Committee informed India that even after the Supreme Court’s order directing the Committee to consider Naresh Sharma's name as an additional participant, Sharma cannot be granted an additional slot in Tokyo 2020.

Yesterday, the Top Court had directed the Paralympic Committee of India to recommend the name of Five Time Paralympian shooter Naresh Sharma as an additional participant in Tokyo 2020.

The Full Bench of Justice AM Khanwilkar, Justice BR Gavai and Justice Krishna Murari had also said, “In view of the urgency, and more particularly, the High Court observations in the Para 14 & 15, we direct the respondent 1 committee to immediately, recommend the name of the petitioner, as an additional entry for R7 Event - 50 M Para shooter - SH 1, without any exception and report compliance in that respect by tomorrow.”

 

The bench in the present matter was hearing a plea filed by Five Time Paralympian shooter Naresh Sharma challenging the Delhi High Court order which posted his plea relating to his non selection for the upcoming Tokyo 2020 for August 6, 2021. 

 

Filed through Advocate on Record Nitin Saluja and filed by Advocate Amit Sharma and Advocate Satyam Singh Rajput, the plea stated that the delay for hearing is being blamed on Sharma even though his result was delayed by PCI, as the information communicated to him by the Paralympics Committee of India (“PCI”) regarding final selection was on July 17, 2021 and on the same day Sharma had challenged the decision of Delhi High Court.

“The case is being delayed by PCI and wrongly held by a single judge that it was too late to interfere after coming to the conclusion that the election by the PCI is not fair in any way and it has encouraged favouritism. Lastly, the division bench also by listing the matter 4 days after the date of submission is adding further insult to injury,” plea stated.

Sharma in his plea had averred that he tried to mention the matter in front of the court for an early hearing as the last date of selection for the shooting in Tokyo Paralympic 2020 is August 2, 2021 and if the matter is heard on August 6, 2021 that would make the matter infructuous because as per IPC’s policy the deadline to send the name of the final selected candidates for participation in Tokyo 2020 Paralympic is August 2, 2021. 

The Single bench of Justice Rekha Palli on July 27, 2021 had rejected the prayer of Sharma for his participation in the shooting at Tokyo Paralympics in R7 event on the issue of “Bio Bubble” but clearly held that the selection process of the PCI was not transparent and fair in its way and held that, “It is incumbent for the PCI to maintain a fair, transparent and inclusionary approach” when carrying out its activities. Yet the PCI, despite knowing that the petitioner had already fulfilled the existing criteria, proceeded to contact the IPC in respect of respondent number 4 for the R7 event.” The Single Judge had however asked the Union Sports Ministry to examine the aspect and take action if necessary. 

The petitioner had thereafter challenged the single judge order before the Division Bench and the division bench by order dated July 30, 2021 sought response of the PCI and the Centre and adjourned the matter for August 6, 2021.

Case Title: Naresh Kumar Sharma v. Paralympic Committee of India and Or