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Delhi High Court issues notice to National Anti-Doping Agency on Bajrang Punia plea against provisional suspension

The Delhi High Court on Wednesday sought the response of the National Anti-Doping Agency (NADA) over the provisional suspension of Bajrang Punia after the wrestler allegedly refused to give his sample for dope-testing.

The Delhi High Court on Wednesday sought the response of the National Anti-Doping Agency on a petition filed by wrestler Bajrang Punia challenging the provisional suspension imposed by NADA for allegedly refusing to give his sample for dope-testing.

The single-judge Bench of Justice Sanjeev Narula, however, refused to grant any interim relief to Punia on the grounds that there was no plea for interim relief in the petition. The High Court posted the matter for further hearing in October.

Appearing for Punia, Senior Advocate Rajiv Dutta submitted that the wrestler never refused to give his sample, but only asked NADA officials to update him about his complaints regarding the use of expired kits in the previous drug tests.

He said Punia was ready to give his sample even today, adding that if the wrester was unable to participate in the upcoming Senior World Wrestling Championships, it would be the end of his career.

The counsel appearing for NADA refuted the allegations saying that the association did not want any of its athletes to be put in a bad position. He further rejected Punia’s arguments that the wrestler was being targeted, adding that NADA wanted him to play for the country.

No Olympic-level athlete could refuse the sample when the NADA officials approached them, noted the Counsel, adding that this kind of litigation would only derail the process.

Bajrang Punia, a bronze medal winner from the Tokyo Olympics, recently joined the Congress party.

Punia moved the High Court challenging the June 21, 2024 order of NADA. The petitioner contended that in April 2024, during the wrestling selection trials in Haryana’s Sonepat, he was approached by two ‘alleged doping control officials/chaperones’ deputed by NADA after his semi-final bout, however, neither of them produced any identification or authorisation.

Punia told the officials that he would give his sample if they explained the alleged use of expired testing kits in December 2023.

The athlete argued that the Senior World Wrestling Championships were set to commence from October 28 to 31, 2024 in Albania and this was the last major event where he could participate for the next two years.

The provisional suspension made it impossible to participate in the trials and compete in the championship, leaving Punia with no choice but to retire from wrestling, noted the plea.

The petitioner contended that he was suffering with no fault of his own as he was unable to participate and perform due to the arbitrary suspension imposed by the Respondent. In fact, the Respondent’s actions hindered the performance of the petitioner, the consequences of which the petitioner was bearing.

Calling the NADA action unjust, unfair and a direct violation of his fundamental rights, Punia sought necessary restorative action and punitive action against the Respondent.

The petition alleged that the conduct of the Respondent [NADA] in terms of the official threatening the petitioner against not giving his sample in an expired testing kit and the subsequent non-transparency and suspicious cover-up and inaction on the part of the Respondent was a clear abuse of authority.

Punia was represented by Senior Advocate Rajiv Dutta, along with Advocate Neha Singh.

The plea was filed through Advocate Vidushpat Singhania from Krida Legal.

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