The Delhi High Court on Friday directed the Centre to immediately stop giving funds or any other assistance to sports federations that have refused to comply with the requirements of the National Sports Development Code of India, 2011.
The court issued the direction while hearing a petition filed by a senior advocate and sports activist, Rahul Mehra, seeking to ensure that the National Sports Federations (NSFs) comply with the sports code.
A Bench of Justices Najmi Waziri and Vikas Mahajan said, “No money will go henceforth to any entity which does not comply with the sports code. What is suffering is the rule of law.”
The High Court additionally ordered that the non-compliant NSFs will be put on notice of suspension.
The Centre, in its affidavit, had stated that only 10% or about 6 of the 56 government-recognised NSFs are complying with the sports code. The government has spent approximately ₹14,391 crore on sporting activities from 2009-2010 to 2018-19 and nearly ₹1,237 crore has been disbursed directly to the NSFs on the explicit statutory understanding that they, including the Indian Olympic Association (IOA), will comply with the sports code.
‘Compliance in a month’
“It would be prudent that no further assistance is given and no more money is spent on any of the NSFs, which do not put their house in order,” the court said. It added that its order should be observed within a month and in the meantime, assistance to sportspersons through the Sports Authority of India will be ensured and possibly augmented.
On May 26, the court had asked the Centre to suspend the recognition of the NSFs that do not comply with the sports code, while asserting that no leniency would be granted to such sports bodies.
The High Court had said that “most NSFs” do not meet the mandatory 25% representation of sportspersons in their managing committee. “There comes a stage in the affairs of governance when the recalcitrant have to be called out and there has to be a cessation of their unlawfully enjoying government largesse, a privilege for which they do not qualify,” it observed.
“All this expense is made from public funds… Unless an NSF/sports entity/registered society/association strictly adheres to and fully complies with the sports code and the court orders, it would disentitle itself from any such benefits,” the High Court had said.
Mr. Mehra had stated in his petition that despite more than a decade having gone by, many NSFs continue to breach the National Sports Code and its strict mandates, while simultaneously enjoying governmental grants, concessions and recognition.
The High Court will hear the case again in July.
