Delhi HC declines to consider plea against direct entry to Punia, Vinesh Phogat into Asian Games

Phogat (53kg) and Punia (65kg) were given direct entry for the Asian Games by the Indian Olympic Association's ad-hoc committee.

The Delhi High Court on Saturday declined to consider a plea against direct entry to wrestlers Bajrang Punia and Vinesh Phogat to represent India in Asian Games in 65 Kg (Freestyle) and 53 Kg (Women Wrestling) categories respectively.

Asian Games are to be held in Hangzhou, China from September 23 to October 08, 2023.

"The unanimous decision taken by the Committee on July 12, 2023 not to expose Punia and Phogat who have been termed as elite athletes, to injuries during trials cannot be said to be arbitrary or perverse," a bench of Justice Subramonium Prasad said.

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Unlike other sports, there is a greater risk of injury being caused to the players during trials in sports like wrestling and boxing. The Asian Games are to begin in about two months’ time and in case injury is caused to the elite athletes, who are medal probables, the time for recovery is extremely low, the court pointed out, while upholding the decision by Indian Olympic Association's Ad Hoc committee.

Both Punia and Phogat led over months long agitation against them WFI chief Brij Bhushan Sharan Singh for alleged sexual harrasment of women wrestlers leading to lodging of the FIR and the charge sheet by Delhi police.

Dealing with a plea by wrestler Sujeet and another, the bench said it is nobody’s case that both are not well known in their respective categories.

"In fact, both the athletes are in the World Top 10 rankings and, therefore, the categorisation of these athletes as elite athletes also cannot be said to be perverse or arbitrary," the bench said.

"It is neither the contention of the petitioners nor can it be said that the WFI has acted against the interest of the country or that the decision has been taken because of certain extraneous circumstances or in order to favour anyone," the bench added.

The court also said the status report and an affidavit filed by the ad hoc committee of the IOA indicated that the Members of the Selection Committee included imminent persons who are connected with the field of wrestling and have won Dhyanchand and Dronacharya Awards.

They have taken a decision to exempt both Punia and Phogat from selection trials for the categories in question and have selected them directly on the basis of their performance in the world wrestling events to represent the country in the forthcoming Asian Games, it pointed out.

The court declined to lend credence to newspaper cuttings and e-mails etc, presented by the petitioners, saying they do not always portray the correct picture.

"It is not the function of the courts to sit in judgement over the decision arrived at by the experts, if the said decision has been taken in good faith and is not perverse, as it would be risky for the Courts to tread an unknown path while upsetting such decisions," the bench said.

The court also pointed out the Status Report that the last date for sending final entries of the Wrestling Squad for the upcoming Asian Games, as fixed by the Olympic Council of Asia, is July 23, 2023. The selection trials for the categories in question will be conducted on July 22 and 23.

Therefore, the decision taken by the Committee to exempt both Punia and Phogat from selection trials in order to ensure that they are not to exposed to injuries during trials cannot be said to be arbitrary or capricious or perverse, the bench said.