HC verdict: IOA left with few options

K.P. Mohan

NEW DELHI: The Delhi High Court has left the Indian Olympic Association (IOA) and the Union Ministry for Youth Affairs and Sports (MYAS) with the unenviable task of cobbling together a ‘compromise’ for administering the hockey affairs without losing further face.

While quashing the disaffiliation and de-recognition of the Indian Hockey Federation (IHF) headed by K.P.S. Gill, by the IOA and the ministry respectively, Justice S. Muralidhar, did show the way forward for both the authorities by stating that the ministry could solve the issue with the cooperation of the IHF and the IOA and “any other body that may have been set up”.

How far will the IOA and the ministry, engaged in a furious row over the Union Government guidelines, go to be able to call a truce and solve the hockey puzzle is to be seen.

Justice Muralidhar did not accept the plea of the IOA counsel not to lift the suspension on the IHF on the argument that the Commonwealth Games was near and another body (Hockey India) had already been formed and recognised by the International Hockey Federation (FIH). He, however, did not shut the door on HI.

Optimism in IOA circles

There is optimism in the IOA circles that the court also observed: “Instead of again panicking about the revival of the IHF, it requires to be seen how the interests of hockey in India can be best served.”

There is the threat of de-recognition by the FIH if elections to HI are not held by May 31.

The FIH, which had been accommodating in the past on election schedule, had, however, threatened to withdraw the World Cup tournament, held here last February-March, if the IOA did not speed up the merger issue of the IHF and the Indian Women’s Hockey Federation (IWHF) by May 20 last year.

As the court pointed out, the principles of natural justice were not met as the IOA rushed through a procedure to disaffiliate the IHF and then sought and obtained recognition for a new body.

The FIH also waived certain formalities while accepting the IOA recommendation for HI’s recognition. It presumed the IOA would have “terminated” the membership of the IHF, IWHF and the Indian Hockey Confederation (IHC), the purportedly unified body that it had been dealing with since 2000, while taking up the IOA proposal.

Several other legal issues were also ignored, not least of all the composition of State units that was being virtually dictated to by the IOA.

Hockey India insistent

Hockey India, which lost the confidence and approval of the ministry even before the World Cup, now argues that it would continue to run hockey in the country because of its status as the only recognised body by the FIH.

It was getting ready to hold elections if that could be possible without legal hitches coming in the way again.

The court decision has, however, granted the right to govern hockey back to the IHF.

Can the IOA issue a show cause notice now to the IHF for a situation created in April 2008, following a television channel ‘sting’ on its Secretary K. Jothikumaran?

Even if it can, will that route stand legal scrutiny?

“While there may be justification in insisting that IHF should take corrective action with regard to the allegations concerning the conduct of one of its office-bearers, that cannot be the reason for placing the IHF itself under suspension as was done on 28th April 2008,” wrote Justice Muralidhar in his order on Friday.

Limited avenues

The IOA has very limited avenues to get a disaffiliation stick through a General Assembly vote.

The ministry may also be required to go through procedures as laid down by law in de-recognising a federation. The ministry recognition to HI in August, 2009, was ‘provisional’ with a set of stipulations including those for holding elections, apart from the condition that HI would adhere to the Union Government guidelines of August, 2001.

Those guidelines, as amended this month, have now been rejected by the IOA and the federations.