HC seeks Govt. stand on World Boxing decision to appoint BFI interim panel

Delhi High Court has sought Government of India’s stand on the World Boxing letter of April 7. The moot question before the Ministry of Youth Affairs and Sports as well as the Courts is if an International Sports Federation has the power to form an interim committee to oversee the functioning of an affiliated National Federation.

Justice Mini Pushkarna, hearing a writ filed by BFI Secretary-General Hemanta Kumar Kalita and Treasurer Digvijay Singh against their removal from office by the BFI President Ajay Singh on March 18. BFI President’s counsel contended that since World Boxing had appointed an interim committee, the writs had become infructuous. 

Interestingly, a Division Bench of the High Court of Delhi, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, is hearing an appeal against Justice Mini Pushkarna’s March 19 directive staying the operation of the March 7 letter. World Boxing’s letter has not yet been presented to that Bench.

Some have raised questions on the composition of the interim committee and the manner in which it was formed, apparently bypassing the Indian Olympic Association. In the case of Olympic sport, it is customary that if there is trouble in a National Sports Federation, IOA is tasked by the International Federation with forming an ad hoc committee.

There have been instances where the Ministry of Youth Affairs and Sports and the Courts have taken note of suspension of the Indian sports bodies and act to protect the sportspersons’ interests. The cases of All India Football Federation (AIFF), Amateur Kabaddi  Federation of India (AKFI) and Wrestling Federation of India (WFI) are too recent to be glossed over.

In 2022, World Football Association (FIFA) suspended All India Football Federation ‘due to undue influence from third parties, constituting a serious violation of the FIFA Statutes’. The Supreme Court had to terminate the mandate of the Committee of Administrators and ensure elections could be held so that FIFA could lift the suspension.

Earlier this year, Supreme Court had to request administrator Justice (Retd.) SP Garg to hand over charge of AKFI to the executive committee elected on December 24, 2023. Things came to such a pass because the International Kabaddi Federation would not let the Indian team compete in the Asian Championships for women in Iran.

As recently as on March 11, the Ministry of Youth Affairs and Sports revoked its suspension of WFI after World Wrestling Federation (UWW) threatened to suspend the Indian body if its autonomy was not upheld fully and for the long term. UWW cited its own constitution and the Olympic Charter in advocating autonomy. 

There is also the case of India Taekwondo which has been recognised as a member by World Taekwondo, identified by the International Olympic Committee, as the international federation governing the sport. India Taekwondo has been engaged in a protracted tussle with the Ministry in court to secure recognition. 

The International Equestrian Federation (FEI) has adopted a wait and watch policy, pending a decision by the High Court of Delhi on the composition of the electoral college of the Equestrian Federation of India. Clearly, FEI is letting the laws of the land take precedence in deciding to not interfere in the functioning of its Indian member. 

It is not as if BFI’s autonomy has been under threat because of cases sparked in the High Court of Delhi and the Himachal Pradesh High Court by the March 7 letter of the BFI President Ajay Singh. That letter restricted the inclusion of some persons in the electoral college and has been challenged in the Courts.

Interestingly, the Deputy Solicitor General of India Balram Sharma, appearing for the Central Government, told the Himachal Pradesh High Court that the BFI President did not have the authority to issue the March 7 notice since his term had ended on February 2 itself. He also told the Court that the BFI President did not have the powers to issue such a notice.

In the light of both Courts staying the March 7 letter, it would appear as if some sought refuge in World Boxing and have got it to send a letter on April 7 forming an interim committee. World Boxing did not have the autonomy handle to beat anyone with unlike in AIFF, AKFI and WFI’s cases where their International Federations perceived their autonomy to be under a cloud.