High Court squashes IOA’s order of IHF dissolution
Delhi High Court quashed the Indian Olympic Association’s order of dissolving Indian Hockey Federation headed by KPS Gill.
Then IHF president KPS Gill went to court after the IOA dissolved the IHF in the aftermath of Chile Olympic Qualifier.
It is also gathered that both the IOA and the Union Sports Ministry which approved the IOS’s dissolution, have been penalized with the penalty of Rs. 10,000 each.
Of course there is provision for the other party to appeal this judgment in higher courts.
This development has both academic interest (in veiw of Government’s age and tenure criteria), as well as topical since so much water has flowed down the lanes of IHF and its replacement Hockey India.
As per new guidelines, the key officials of IHF have already served more than 12 years or above the age of 70, the two criteria being in vogue after the recent order by the Union Sports Ministry.
Operative portion of Delhi High Court Order
….. This Court cannot be presented with a fait
accompli when the IOA and the MYAS knew fully well that this
petition involving the legality of their actions vis-à-vis the IHF
was pending consideration.
73. Indeed whenever this Court considered passing an interim order,
it was informed by the Respondents that some major international
event is round the corner and therefore, this Court should refrain
from passing orders till such time the event was not concluded. This
was the reason why this
petition was not taken up for final hearing till such time the Men?s
Hockey World Cup 2010 was not concluded. However, that does not mean
that every time there is some sporting event involving hockey in the
offing, the present petition has to be adjourned. It would be unfair
to the Petitioner, which has succeeded in showing that both the
orders of disaffiliation and consequent de-recognition are wholly
illegal, to be denied relief for over two years on the ground that
such order might jeopardize India?s participation in a sporting
event.
74. There is merit in the apprehension expressed by learned
counsel for the petitioner that if the suspension is not lifted and
the parties are required to go through the motions of a show cause
notice followed by a hearing, it might reduce the requirement of
complying with the principles of natural justice to an empty
formality. The very same reasons being put forth now might be used
by the Respondents not to lift the suspension of the IHF. This Court
is of the considered view that the status quo ante the impugned
orders should be restored as far as the petitioner is concerned.
75. This Court is conscious that in Narinder Batra v. Union of India
occasion to consider the binding effect of the Guidelines framed by
the MYAS. A number of directions were issued including one requiring
the MYAS to undertake a detailed enquiry into the working of the
IHF. Although the said judgment in Narinder Batra is under appeal,
no stay has been granted by the Division Bench. There was,
therefore, an opportunity for the MYAS to have undertaken an enquiry
into the working of the IHF and then issued,
if necessary, a show cause notice listing out the irregularities, if
any, detected during such enquiry and elicited the response of the
IHF. That would have enabled the MYAS to avoid the charge of
arbitrariness as is now being laid at its doorstep. Unfortunately,
for over two years now the petitioner IHF has continued to remain
under an illegal suspension, followed by an illegal disaffiliation
and an illegal de-recognition. This situation calls for a
restitutive correction.
76. This court believes that even now it is
not too late for the MYAS to get its act together and set things in
order with the cooperation of both the IHF and the IOA and any other
body that may have been set up. 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. Sports bodies have to have a
degree of autonomy with the government playing the role of an
effective regulator. They must be allowed to function in a
democratic manner with persons really interested in developing the
game participating in its affairs. The knee-jerk reaction to losses
at international events, which are inevitable in competitive events,
and looking for persons to blame, cannot be conducive to a healthy
development of any national sport. For a proper enquiry into the
problems besetting Indian hockey the cloud of „suspension? over the
IHF should be lifted. The past should be put behind and a new
beginning made. The submission made by Mr. Harish Malhotra that
IHF’s suspension should continue is accordingly rejected.
77. For the aforementioned reasons the decision dated 28th April
2008 of the IOA placing the IHF under suspension and the decision
dated 10th May 2009 of the IOA disaffiliating the IHF are hereby quashed. The
decision dated 12th May 2008 passed by the MYAS temporarily
withdrawing the recognition of the IHF and the subsequent order
dated 10th/11th August 2009 passed by the MYAS derecognizing the IHF
are also hereby quashed. 78. The writ petition is allowed with costs
of Rs. 20,000/- of which Rs. 10,000/- each will be paid by
Respondents 1 and 2 to the Petitioner within a period of four weeks
from today. All the pending applications stand disposed of.
High Court squashes IOA’s order of IHF dissolution