The Delhi High Court on Tuesday rejected the Equestrian Federation of India’s counter-affidavit against the Delhi High Court-appointed Observer SY Quraishi’s scathing report about its functioning and governance.
During the hearing, the Observer’s counsel RA Iyer pointed out to the Court that the counter-affidavit filed by the EFI contained some observations that attacked the integrity and neutrality of the Court-appointed Observer.
Justice Prathiba M Singh told the EFI counsel that she would not accept the counter-affidavit. And when the EFI counsel agreed to withdraw it and file a better counter-affidavit, Justice Prathiba Singh ordered that the annexures to the counter affidavit would, however, remain on record for the sake of reference.
“In view of the contents of the said counter affidavit which have been pointed out to the Court by the learned counsel appearing on behalf of the Observer, Mr. Viraj R. Datar, learned counsel appearing for Respondent No.1 (EFI), fairly agrees to withdraw the said counter affidavit and file appropriate objections to the observer’s report on behalf of his client,” the Court said in its order.
“The annexures to the said counter affidavit shall, however, remain on record for the sake of reference. Accordingly, the counter affidavit filed on behalf of Respondent No. 1 is rejected and the same be taken out of the record. A fresh counter affidavit be filed by Respondent No.1 within 2 weeks,” the order said.
The EFI counsel claimed that the Ministry of Youth Affairs and Sports had given EFI time till November 2021 to implement the National Sports Development Code of India 2011. The Rajasthan Equestrian Association counsel Rajiv Dutta argued that the EFI was buying time without having an intent to fall in line with the Sports Code and hold elections as per its provisions.
On December 17, 2020, the Court ordered the EFI counsel to seek specific instructions on the Rajasthan Equestrian Association prayer to directed EFI to amend its constitution to bring it in conformity with the National Sports Development Code of India, 2011 and further, to hold its elections. He further ordered EFI counsel to address those in the reply.
However, the EFI has trained the attention on the Observer’s report and deflected it away from the Court order of December 17. Meanwhile, having perused the Observer’s report, the Court has decided that that matter requires to be fully heard and posted the case for hearing on April 14, 2021.
The Observer SY Quraishi, palpably upset with EFI, had recommended that the Court appoint an Administrator to oversee the reformation process so that the EFI complies with the National Sports Development Code of India 2011, beginning with amending its constitution and the electoral procedure.
Dr. Quraishi’s report concluded by praying the Court to consider a systematic reformation process of EFI, including amending the Statutes to being it in compliance with the Sports Code, to then hold elections in line with the model election guidelines of the Code – and to affect these under a Court-appointed Administrator.
He pointed out that EFI made conscious and concerted effort to make it difficult for him to gain access to its records. He also requested the Court to consider that he had withdrawn the no objection he had granted to the nomination of two persons as EFI President and Vice-President (Admin) since he had been misled to believing that no one else was qualified to hold the said posts.
Justice shall prevail.