Indian Hockey Federation vs Union of India (UOI) and Others

S. Muralidhar, J.

CM No. 9837 of 2010

Exemption allowed subject to all just exceptions.

The application is disposed of.

W.P.(C) No. 4978 of 2010 & CM No. 9836 of 2010 (for stay)

The Indian Hockey Federation (''IHF'') which had earlier come to this Court with Writ Petition (C) No. 3713 of 2008 challenging its disaffiliation by the Indian Olympic Association (''IOA'') Respondent No. 3 and its consequent de-recognition by the Union of India through Ministry of Youth Affairs and Sports (''MYAS'') Respondent No. 1, is again before this Court challenging a communication dated 10th/11th August 2009 issued by the MYAS granting provisional recognition to Hockey India (''HI'') Respondent No. 4 herein as well as a letter dated 13th July 2010 by the MYAS addressed to the Secretary General, HI conveying its "no objection to the holding of the elections of HI".

The principal contention advanced by Mr. Arvind Nigam, Learned Senior Counsel appearing for the Petitioner was that after the Judgment dated 21st May 2010 of this Court allowing Writ Petition (C) No. 3713 of 2008, setting aside the decision of both the IOA as well as the MYAS to disaffiliate and derecognize respectively the IHF, the consequential position was that in terms of the Guidelines issued by the MYAS for recognition of National Sports Federations (''NSFs'') there was only one recognised body for hockey in India, which was the IHF. He submits that HI has, contrary to the above legal position, claimed publicly that it continues to be the only recognized body for hockey in India and on that basis has also corresponded with the International Hockey Federation (''FIH''). HI is now holding elections to its Executive Board on 28th July 2010. The interim relief being sought is that there should be a stay of the letter dated 13th July 2010 issued by the Union of India whereby it has appointed "Government Election Observer" to observe the election process of HI "on behalf of the Government of India". A stay is also sought of the letter dated 10th/11th August 2009 of the MYAS granting provisional recognition to HI. It is submitted that in view of an affidavit dated 5th April 2010 filed by the MYAS before the Division Bench of this Court in Rahul Mehra v. Union of India W.P.(C) No. 195 of 2010, which writ petition is pending, the provisional recognition should be deemed to have been withdrawn and, therefore, no further steps should be taken on that basis. He submitted that HI which was incorporated only on 20th May 2009 did not fulfill even the basic requirement of being in existence for three years before becoming eligible for recognition in terms of the MYAS Guidelines.

Notice. Mr. Devvrat, Learned Counsel for the MYAS, Mr. S.D. Salwan, Learned Counsel for the IOA, Ms. Kusumlata Sharma, Learned Counsel for Indian Hockey Women''s Federation and Ms. Divya Kapur, Learned Counsel for the HI accept notice. Replies be filed within one week and rejoinder thereto, if any, be filed before the next date.

Mr. Devvrat, Learned Counsel appearing for the MYAS first stated that he did not have any instructions from the MYAS till now on the petition although a copy was received by it yesterday evening. He, nevertheless, made certain submissions since he has been appearing for the MYAS in W.P. (C) No. 195 of 2010 in which the above affidavit was filed. He confirmed that the said affidavit of the MYAS, stating that no recognition had been granted yet to HI, does not stand withdrawn and that as of date no final recognition has been accorded to HI by the MYAS. He also confirmed that the MYAS has accepted the Judgment dated 21st May 2010 of this Court and that the legal position as a result of the said decision is that the IHF is the only recognised body for hockey in India. He also maintained that the Government stands by its Guidelines which governs the issue of granting of recognition to NSFs by the MYAS.

Mr. Nayar, Learned Senior Counsel appearing for Respondent No. 4 HI submitted that as regards the Judgment dated 21st May 2010 passed by this Court, the legal consequences thereof are not being questioned by the HI. He maintained that HI is a private body and should be free to hold its own elections. According to him, the HI is not amenable to the writ jurisdiction of this Court. He submitted that there would be no difficulty if a clarification is issued by the Government of India and/or the IOA about IHF being only the recognised body for hockey in India, a position that emanates from the Judgment dated 21st May 2010 of this Court. His only concern was that elections of the HI scheduled for 28th July 2010 should go on since this was pursuant to a commitment made to the FIH the international body that elections will be held no later than "31st July 2010". He placed before the Court photocopies of letters dated 14th June 2009 and 23rd June 2010 written by Mr. Peter L Cohen, the Secretary General, FIH in this regard. Mr. Nayar stated that HI may have issued press releases claiming to be the only recognised body for hockey in India but this Court should not go by such statements as HI is fully aware of the correct legal position emanating from the Judgment dated 21st May 2010 of this Court.

Mr. Nayar prayed that at this interlocutory stage no opinion should be expressed about the validity of the provisional recognition granted on 10th/11th August 2009 by the MYAS to HI and that the question whether in view of the subsequent affidavit dated 5th April 2010 filed by the MYAS before the Division Bench of this Court in Rahul Mehra''s case, such provisional recognition should be deemed to have been withdrawn should await the completion of pleadings and final hearing of this petition.

Appearing for the IOA Respondent No. 3, Mr. S.D. Salwan Learned Counsel submits that the immediate concern is about meeting the deadline set by the FIH and the fact that the Commonwealth Games is to take place in less than three months. Mr. Salwan reiterated that the IOA had not yet filed any appeal against the Judgment dated 21st May 2010. He did not also contest the legal position as of today as a result of the said Judgment that IHF is the only recognised body for hockey in India. He contended that there had to be one unified body for men and women for hockey in India in terms of the requirements of the FIH as well as the Guidelines of the MYAS. According to him since IHF did not represent women hockey, it may not be granted recognition by the FIH and this in turn may cause problems for Indian participation in international hockey events.

In the first place, this Court would like to observe that despite the Court voicing an expectation in para 76 of its Judgment dated 21st May 2010 that steps would be taken to make a new beginning and that MYAS would "set things in order with the cooperation of both the IHF and the IOA and any other body that may have been set up", the MYAS has till today not called for even a meeting of the concerned bodies to examine the legal position that emerges as a result of the Judgment dated 21st May 2010. The situation that has now resulted where there is confrontation between different bodies could have easily been avoided had the MYAS by now called for a meeting to discuss the issues. It was the MYAS which had to take the first step in making it clear that as a result of the Judgment dated 21st May 2010 there was only one recognised body for hockey in India i.e. IHF. This position is accepted by the IOA as well. HI also does not contest this position while maintaining that it is a private body that has a provisional recognition. The needless confusion created as a result of the media releases by the HI claiming that it is the only recognised body for hockey in India should have been checked by the MYAS by bringing out a clarification.

Learned Counsel for the MYAS assures the Court that by today evening (''i.e. by 5 pm) an announcement will be made about both through the print and electronic media as well as a fax/email/telephonic message will be sent to all the State units that the correct legal position as a result of the Judgment dated 21st May 2010 of this Court is that the IHF is the only recognised body for hockey in India, in terms of the Guidelines issued by the MYAS. Mr. Salwan representing the IOA, assures this Court that by today evening a fax message and an e-mail will be sent by the IOA to the FIH along with a copy of this order, informing it of the legal position emanating from the Judgment dated 21st May 2010 of this Court, which has not been challenged by anyone so far, that the IHF is the only recognised body for hockey in India in terms of the Guidelines issued by the MYAS. A reference will be made to Guideline 3.1.2 which says that for an existing National Sports Federation which has already been recognised, the requirement that there should be a separate body for men and women, is dispensed with.

In view of the above statements made by Learned Counsel appearing on behalf of the MYAS as well as the IOA, the plea of Mr. Nayar that HI being a purely private body should be permitted to go ahead with elections to its Executive Board tomorrow, appears to be a reasonable one at the present stage. It is however made clear that the said elections, which are to be held on 28th July 2010 will go on only and only if both the clarifications/messages are issued today itself in terms of the statements made before this Court by the MYAS and the IOA respectively. In other words, if the MYAS and the IOA do not issue the clarifications/messages by 5 pm today as undertaken by them to this Court, the elections to the General Council of the HI scheduled for 28th July 2010 will not go on. This is subject to further orders that will be passed by this Court on the next date of hearing. It is further directed that in view of the statement made by Mr. Nayar, appearing on behalf of the HI that it is a purely private body, there is no need for the Government to have its Observer for the elections of the Executive Board of HI to be held on 28th July 2010. To that extent, the impugned communication dated 13th July 2010 of the MYAS appointing Shri S.K. Mehndiratta as the Government Observer for the elections of the Executive Board of HI to be held on 28th July 2010 shall remain stayed.

List on 9th August 2010.

A copy of this order be given dasti to the Counsel for the parties under the signature of Court Master.