When it comes to dealing with the players, the high-handedness of the office-bearers of National Sports Federation (NSFs) often comes forth. Even in situations where a meaningful dialogue can be effective, some officials flex their muscles and demonstrate their power.
The All India Chess Federation (AICF) has been battling court cases for over a decade. Among the cases, one that stands out, for a special reason, is the one filed by former National junior champion Gurpreet Pal Singh and three others (See Chronology).
Since August 2011, the AICF has been rapped on the knuckles a few times by the Delhi High Court and the Madras High Court. Moreover, the enquiry report of the Competition Commission of India (CCI) favoured the players.
Gurpreet was one of the 151 players whose international rating was removed, at the behest of the AICF, by the world chess federation, after they took part in a series of “unauthorised” events between late 2009 and 2012. These events offered over ₹2 crore in prize money.
Clemency
Since then, a vast majority of barred, helpless players surrendered to the AICF when it offered clemency to the players. One of the conditions was to pay the AICF 50% of the prize money won from “unauthorised” events.
Gurpreet says, “I have paid much more to the lawyers than what I was required to pay AICF for clemency. All the harassment from AICF, which wrote to my employers and even to FIDE to direct an organiser in London to prevent my participation in an event, has steeled my resolve to restore a player’s right to play. So far, the favourable directives from the Courts have kept me going.”
The Delhi High Court, in November 2011, while ordering an enquiry by the CCI, observed, “The issue is with regard to the right of the players of chess to form another association and to organise tournaments in the country with the involvement of or the blessings of respondent No. 2 (the AICF). The issue is with regard to the right of the players to freely participate in tournaments so organised, without the fear of being hounded by respondent No. 2 (the AICF) and without the fear of the Sword of Damocles falling on their heads if they participate in the so called illegal or unauthorised tournaments.”
More pertinently, in January 2017, Justice M.S. Ramesh of Madras High Court vacated the interim relief to AICF and noted, “The interim order granted by this Court has caused much damage not only to the respondents (the players) but also to prospective chess players throughout the country.”
Though the players may have won a few battles, the war goes on.
Chronology of events
Nov. 2009: Chess Association of India (CAI) announces a Rs. 15 lakh prize-money event, from December 23 in New Delhi. Oct. 2010: AICF writes to the FIDE to remove the rating of participants of this “unauthorised” event. Nov.-Dec. 2010: FIDE removes rating of 71 players in November and 55 in December. March 2011: Aggrieved players make a representation to the Ministry of Youth Affairs and Sports, which forwards it to the AICF. April 2011: FIDE removes rating of 25 more players, taking the total to 151. August 2011: Four players – Hemant Sharma, Devendra Bajpai, Gurpreet Pal Singh and Karun Duggal – move the Delhi High Court against AICF. Nov. 2011: Delhi High Court, finding a prima facie case, directs the CCI to enquire into the matter. The AICF, aggrieved with this observation, files a Leave Petition in Double Bench of the Delhi High Court, which partially modified the order, saying that the CCI can enquire only on the request of the players. Later that month, players file an application before the CCI, seeking enquiry against the AICF and interim relief for participation in all events. Feb. 2012: AICF questions CCI’s jurisdiction. CCI concludes that it has “substantial jurisdiction” over the AICF, and that the Competition Act, 2002 would apply to the AICF. CCI, too, orders investigation by its Director-General, but refuses to grant interim relief to the players. Oct. 2012: The Director-General completes the investigation and sends the report to the parties concerned, inviting comments. Dec. 2012: AICF gets an interim stay, ex-parte, from a single judge of the Madras High Court against the CCI order. March 2013: CCI files a strongly-worded response in the Madras High Court against the stay order. April 2013: AICF offers one-time clemency to the barred players. The conditions include, remitting to the AICF, 50 % of the prize money won from “unauthorised” events. Jan. 2017: Hearing the plea of the CCI and players, the Madras High Court vacates the stay given to AICF in Dec. 2012. March 2017: AICF appeals to the Madras High Court against the order of its single judge and obtains an interim order in its favour for maintaining status quo till April 4, 2017. It also approaches the CCI, submits that it no longer has the relevant records as they were destroyed in Cyclone Vardah that hit the Chennai coast in Dec. 2016. April 2017: On April 5, the Madras High Court Division Bench vacates its interim order, directing the CCI to proceed in the matter.
