The Delhi High Court today deferred its hearing till August 13, on an appeal filed by Arjuna awardee Paralympic shooter Naresh Kumar Sharma, challenging the Single-Judge Bench order, refusing to interfere with the decision of the Paralympic Committee for not shortlisting his name for the 2020 Tokyo Paralympics event.
The Division Bench comprising Chief Justice D. N. Patel and Justice Jyoti Singh directed the Committee to place on record the communication sent to the World Shooting Para Sports (WSPS) in furtherance of the order passed by the Supreme Court on August 2, and the response received thereon.
On July 30, 2021, the Division Bench had issued notice and sought response from the Committee, among other authorities, on the grievance raised by Sharma. Subsequently on August 2, Sharma moved the Apex Court, citing urgency in the matter, as the deadline for selection ends on August 2.
The Apex Court directed that Sharma’s name be recommended as ‘Additional Participant’ in Tokyo Paralympics. However, on August 3, 2021, the Apex Court was informed that Tokyo refused to allot additional slot for him. The Apex Court, therein, granted liberty to Sharma to approach the Delhi High Court, wherein his appeal is pending, with request to take up the appeal expeditiously.
On August 6, the matter was taken up before the Delhi High Court, wherein Advocate Mahavir Rawat representing the Committee, informed the Bench that Sharma’s performance has not been upto mark since past few years.
The plea, filed through Advocates Satyam Singh and Amit Kumar Sharma, sought directions to set aside the order dated July 27, 2021 passed by Single-Judge Justice Rekha Palli, against his non-selection for the Tokyo Paralympics event by the PCI, the body responsible for selecting athletes to represent India at the Paralympic Games and other international Paralympic athletic meets and for managing the Indian Paralympic teams at the events.
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Sharma, a five-time Paralympic shooter, is aggrieved by his non-selection in R7 event despite fulfilling all the eligibility criteria as laid down by the Sports Technical Committee (STC) of PCI, as also by the World Shooting Para Sports (WSPS); and states that the Committee wrongly selected one Deepak to participate in Tokyo Paralympic in R7 event, in his place.
It was alleged in the plea that the Single Judge failed to take into consideration the fact that the non-selection of the appellant was manifestly arbitrary inasmuch the Selection Committee of PCI vehemently ignored the fact that the applicant fulfilled all the eligibility criteria as laid down by the International Paralympic Committee (IPC) and PCI.
It was further alleged that the Single Judge failed to appreciate her own observation that the PCI acted in violation of its own criteria for selection of the Paralympic Shooting.
Justice Palli, in her order, observed that PCI conducted itself in a manner which is quite unbecoming of a public sporting body entrusted with the important task of selecting athletes to represent the nation at Paralympic games and other international Paralympic athletic meets, as also for managing Indian Paralympic teams at such events. “In view of the spirit with which it was formed, it is incumbent for the PCI to maintain a fair, transparent and inclusionary approach when carrying out its activities. Yet, the PCI, despite knowing that the petitioner already fulfilled the existing criteria, proceeded to contact the IPC in respect of selection of the respondent no.4 (Deepak) for the R-7 event,” said the Court.
The Bench further observed that the Committee acted in a discriminatory manner by not informing Sharma and other Para Shooters that scores from the Novi Sad Grand Prix 2021 would be accepted for the purpose of selections for the Tokyo Paralympics.
The Court, however, refused to interfere with the Committee’s decision at a belated stage when the shooting team was already placed in a bubble for the purpose of the Paralympics. With these observations, the Ministry of Youth Affairs and Sports was directed to examine the aspect of any foul play in selection of Deepak for the event and if the same is found, to take appropriate action against the PCI in accordance with law.
“The Single Judge failed to take into account the fact that this direction would not serve any meaningful purpose so far as the selection of the appellant in Tokyo Paralympics in the R7 event is concerned,” stated the appeal.