Don't Give Money to Sports Federations Not Complying with Sports Code: Delhi HC
The matter will be heard next in July.
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The Delhi High Court on Friday directed the Centre that no money or assistance shall be provided to national sports federations (NSFs) which are not functioning in compliance with the law concerning the administration of sports in the country.
“No money will go henceforth to any entity which does not comply with the Sports Code. That is the long and short of it. What is suffering is the rule of law,” said the bench, comprising Justices Najmi Waziri and Vikas Mahajan.
“It is unsporting. (It is) not sporting at all not to comply with the rules. There are too many red cards coming up,” the court remarked while hearing a petition by senior advocate Rahul Mehra to ensure compliance with the Sports Code by the NSFs.
The court said that compliance shall be done by the end of one month and in the meantime, assistance to sportspersons through the Sports Authority of India would be ensured and possibly augmented.
The NSFs which are not compliant shall be put on notice of suspension, it further said.
The court was informed by the Joint Secretary, Sports Ministry that concerted efforts are underway to ensure that compliances are made by the end of the month and that while 15 NSFs were adhering with the Sports code, six were granted the exemption.
Five NSFs need to amend their constitutions and 17 required major changes, it was further said.
Lawyer Anil Soni appeared for the Centre.
The petitioner disputed the Centre's version and emphasised that at least 24 NSFs have “super luminary persons” in the management which is not envisaged by the code and that the mandate of 25 per cent of the management of NSFs being prominent sportspersons of outstanding merit was not being followed.
The court observed that the endeavour is that the NSFs comply with the legal framework and “let them not say that the players are going to suffer.” “In as much as there is an unclear picture as to which of the NSFs are fully compliant, it is therefore prudent that no more money or assistance is extended to any of the NSFs till the next date unless they comply. The respondent shall ensure that monies, facilities, and patronage are extended to NSF only if they comply (with the sports code) and also the orders (passed by the high court and the Supreme Court),” the court ordered.
“It is hoped that the entire exercise of ensuring compliance shall be completed by the end of one month. In the interim, however, assistance directed to sportspersons through the Sports Authority of India would be ensured and possibly augmented. The NSFs which are not compliant shall be put on notice of suspension,” it said.
In its earlier order, the court had noted in November 2021, the Centre had claimed to have recognised 59 NSFs and there can be “no latitude apropos expending monies on entities who do not qualify for it in law”.
In view of the non-compliance with its previous orders, the court had sought the presence of an Officer of the rank of Joint Secretary before it.
On 26 May, the court had asked the Centre to suspend NSFs that are not complying with the Sports Code, saying that it was prudent that no further exemptions be granted to or lenience be shown to such non-compliant entities.
It had stated that compliance with the Sports Code is a must for the grant of recognition as an NSF and unless the entity strictly adheres to the code, it would disentitle itself from any consequential benefits flowing from the public fund, such as the use of government-owned stadia and sports facilities, etc.
The matter would be heard next in July.
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