SC allows Vinesh Phogat to compete in Asian Games selection trials
Earlier this month, the WFI had declared Phogat ineligible to participate in domestic events till 26 June.
PTI
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"We are not stopping. You (Phogat) go ahead and participate," the SC bench said (PTI)
New Delhi, 29 May
The Supreme Court on Friday permitted wrestler Vinesh Phogat
to participate in the selection trials to be held on 30 and 31 May for the
Asian Games 2026. A bench of Justices PS Narasimha and Alok Aradhe passed the
order while hearing a plea filed by the Wrestling Federation of India (WFI)
challenging the Delhi High Court order allowing Phogat to participate in the
selection trials.
"Today at this stage, the high court having passed the
order, the hope and expectations have risen. To tell her to go back home and we
can't do anything, will not be proper. We are very bold in telling you this," the bench told the counsel appearing for the WFI.
The top court said, "The respondent (Phogat) shall be
permitted to participate in the selection trials for the Asian Games 2026 which
are scheduled on May 30, 2026 and May 31, 2026". However, the bench said
it was concerned about the method and manner in which the HC dealt with the
matter.
"We are not stopping. You (Phogat) go ahead and participate,"
the bench observed. It posted the plea for hearing next week.
On 22 May, a division bench of the Delhi HC had given its
nod to the participation of Phogat in the upcoming trials for the Asian Games,
saying the WFI's selection policy was exclusionary for the lack of discretion
to consider an iconic player like her, who is returning from a maternity break.
The HC had ordered that the selection trials shall be video-recorded by the WFI
and an independent observer from the Sports Authority of India (SAI) and the
Indian Olympic Association (IOA) each shall also remain present.
The high court had said the standard for the selection trials
marks significant deviation from the past practice, which provided for
discretion for the selection of iconic players for the Asian Games, and added
that the law must ensure that motherhood does not become a ground to exclude
female athletes like Phogat.
Motherhood, it had asserted, cannot be treated as a
professional impediment or a circumstance warranting adverse treatment. The HC
further observed that grounds taken by the WFI in the 9 Ma show-cause notice to
Phogat "appear to be pre-mediated and reopening the closed issues"
and that "it is necessary that the appellant is permitted to participate
in the selection trials in the interest of the sport and justice".
It had also taken exception to the WFI terming Phogat's
disqualification in the 2024 Paris Olympic Games "national
embarrassment" in the show-cause notice, stating that such a statement was
"deplorable", "ex-facie misconceived" and "ought to
have been avoided". It observed that Phogat's exclusion from the selection
trials was directly attributable to her "sabbatical and temporary
retirement".
It had passed the order on Phogat's appeal against a May 18
order of a single-judge bench which had denied her immediate relief on the
issue of her participation in the selection trials. The division bench of the
high court had further asked the two independent observers from the SAI and the
IOA, to be nominated by the Centre, to submit a report before the single-judge
bench.
In her petition before the high court, Phogat has challenged
the WFI's selection policy and circular, which have limited eligibility for
participation in the Asian Games trials only to the medal winners of certain
tournaments.
Phogat has asserted that the "qualification
window" chosen by the WFI substantially overlapped with her notified
sabbatical on account of pregnancy and post-partum recovery, which created a
"closed and inflexible gate-keeping mechanism" that was arbitrary and
discriminatory.
Earlier this month, the WFI had declared Phogat ineligible
to participate in domestic events till 26 June, citing the mandatory six-month
notice period linked to athletes returning from retirement under anti-doping
rules. A defiant Phogat, however, showed up at the National Open RankingTournament in Uttar Pradesh's Gonda.
Phogat had participated in a protest staged by women wrestlers in 2023 against alleged sexual harassment by the then WFI president and BJP leader Brij Bhushan Sharan Singh. In August 2024, Phogat was disqualified from the 50-kg category Olympic finals for being 100 gm overweight in the morning weigh-in.
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