Naresh Kumar Sharma & Anr vs Union Of India & Ors
2019 Latest Caselaw 2313 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                               Date of decision: 02.05.2019

+     W.P.(C) 6468/2012
      NARESH KUMAR SHARMA & ANR                            ..... Petitioners
                          Through      None.

                          versus

      UNION OF INDIA & ORS                              ..... Respondents
                    Through            Mr.Arun Bhardwaj, CGSC with
                                       Mr.Nikhil Bhardwaj, Adv. for R-1.
                                       Dr.Harsh    Pathak,     Adv.    with
                                       Mr.Siddharth Shukla, Adv. for R-3.

      CORAM:
      HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

1. Vide the present petition, the petitioners seek direction as under:-

i. The respondents to formulate guidelines/rules/procedures for

effective functioning, implementation and convening of the

functions, duties and obligation of the respondent No. 2;

ii. Respondents to provide requisite infrastructure for training,

preparing, boarding and lodging facilities to the athletes

representing India in international events;

iii. Respondent Nos. 1, 3 & 4 to submit the report of the action

taken against the erring officials of the Respondent No. 2 for

committing the overt acts of harassment against the Petitioners;

iv. Respondents to explain the expenditure of funds being allocated

to Respondent No. 2 for the Paralympics Games-2012 held in

London;

v. The respondents to reimburse/compensate the petitioners for

the expenditure incurred by them towards the preparation of the

Paralympics Games-2012 and also against the apathies,

harassment and torture suffered by them at the hands of the

monopolistic and unfair practices by the Respondent No. 2

vi. The respondents to either form a statutory authority or a body

to keep check on the functioning of the Respondent No. 2.

2. The petitioner No.1/Naresh Kumar Sharma is a sportsperson, who has

represented India in more than 5 Paralympics so far and he is the only

physically challenged athlete who dared to compete with the best amongst

the abled bodied persons. The said petitioner has represented India in

various International Shooting Championships for the Physically

Handicapped. The petitioner no.2/Farman Basha who is a polio-afflicted

para-athlete, has brought many laurels to the country in the last 18 years is

also a veteran who has an illustrious career, having won several international

medals. During the Paralympics Games-2012, total number of players,

escorts and coaches selected for the special camp were 22 but the total

number of officials reached at London in Paralympics Games were 33 in

which few were not even related to the sports in which they were assigned.

3. The brief facts of the case are that the petitioners herein are aggrieved

by the acts of omission and commission on the part of the respondents,

whereby the petitioners fundamental rights have been violated and the

petitioners who were expected to perform to the best of their abilities were

made to run from pillar to post for no fault of theirs and ultimately leading to

a miserable situation, in turn affecting their performances and missing from

winning medals at 2012, Paralympics. The duty of the petitioners as athletes

and representatives of the country was to forget about their disabilities but

perform to the best of their abilities, instead they had to struggle for even

competing in the events in which they excel. Further they were made to feel

miserable by forcing them to carry the equipments on their own, which

otherwise is difficult for any able bodied person, leave aside the disabled

person. The said overt acts of the respondents did not stop there as they only

to keep the dignitaries happy, sacrificed the medal probabilities of the

country by allowing contingent officials having no experience, to represent

themselves as coaches of the athletes. Apart from the above, the petitioners

amongst other athletes had been duped for their hard work and dedication by

the respondents who not only have lost the chance of winning medals for

their country but have been discouraged from participating in any future

events. The most interesting part is that the officials of the PCI despite

claiming that the services rendered by them are free of cost, have indulged

into misappropriation of funds and in turn making the athletes suffer for

want of requisite facilities. This in turn shows the apathy of not only the

athletes at the hands of the Paralympics Committee of India but also on the

international level, whereby the reputation of the country has been severally

prejudiced, only on account of these erring officials.

4. Despite the facts mentioned above, the petitioners being hard pressed

in terms of money and only with the intention of winning medals for their

country and show to the world that they despite being disabled, had spent

money from their own pocket towards preparation of the games. The said

money was managed by borrowing it from known persons and also by

putting each and every penny of their savings at stake. However, in return

thereof, the petitioners were let down substantially by the said overt acts of

the respondents and could not perform upto their standards.

5. It is further stated in the present petition that the schedule of

Paralympics Games-2012 was to be inaugurated at London on 29.08.2012

and ending on 09.09.2012. However, the PCI issued the final list dated

28.08.2012 of the players/athletes, coaches & escorts and officials for

London-2012 Paralympics Games which are as follows:-

PLAYERS

S.NO. NAMES DISCIPLINE

1. Mr. H. N. Girisha Athletics

2. Mr. Jagseer Singh Athletics

3. Mr. Jaideep Athletics

4. Mr. Narendra Athletics

5. Mr. Amit Kumar Athletics

6. Mr. Farman Basha Power-lifting

7. Mr. Rajendra Singh Power-lifting

8. Mr. Sachin Chaudhary Power-lifting

9. Mr. Sharath M. Gayakwad Swimming

10. Mr. Naresh Kumar Sharma Shooting COACHES S.No. NAMES

1. Mr. Naval Singh

2. Mr. Satyanarayana

3. Mr. K.S. Nizzamudin

4. Mr. Vijay B Munishwar

5. Mr. Sadanand Malashetti

6. Mr. John Christopher Nirmal Kumar

ESCORTS S.NO. NAMES PLAYERS

1. K.N. Govinda Jagseer Singh & Narender

2. Mr. Devender Amit Kumar

3. Mr. Mangush Umredkar Power lifting

4. Mr. K N Vishwanath Jaideep & H. N. Girisha

5. Mrs. Antonita Farman Farman Basha

6. Mr. Sudhir Tomar Naresh Kumar Sharma

6. As per the aforesaid tables, the total number of players, escorts and

coaches selected for the special camp was 22, but the total number of

officials reached for London Paralympics Games were 33 in which few were

not even related to the sports in which they were assigned. Further stated

that the acts of high handiness on the part of the PCI did not stop there as

they in furtherance of their malafide design to harass and humiliate the

petitioners made mess of the accreditation procedure of the coaches and the

escorts. The "Accreditation" is a card being issued by the PCI to the

members of the contingent representing a nation in the games. Accordingly,

as per the IPC guidelines, the said card is also issued to the coaches/escorts

and officials of the contingent to accompany and assist the athlete during the

events. As per the guidelines, there is a quota of 60% of the total number of

athletes, for the coaches/escorts and the officials have a separate quota.

Since, the Indian contingent comprised of 10 athletes, accordingly, 6 people

as coaches/ escorts were permitted to assist the athletes in the games.

Accordingly, it was the responsibility of the PCI and the head of the

contingent, known as 'Chef De Mission' to manage the accreditation of the

coaches/escorts, so as to provide the requisite comfort to the Athletes.

However, the 'Chef De Mission' acting in blatant violation of the duties,

obligations and responsibilities entrusted upon them, allowed the officials

having no experience as coaches/escorts of the Athletes and provided them

the entry, whereas the real coaches/escorts were made to stay outside the

games venues, which in turn lead to downfall of the morale and confidence

of the petitioners and resulted into not winning medals in their respective

fields.

7. The same is evident from the fact that out of the six persons permitted

as coaches/escorts, 3 persons who were officials and despite having no

coaching experience, were given accreditation card as coaches/escorts,

which in turn forced the real coaches to stay outside the games venues.

Apart from that the list of the officials cleared by the PCI was itself doubtful

as the same comprised names of the people who are handicapped and as

much unable to help the athletes, which in turn casts serious doubts on the

creditability of the officials of the PCI.

8. It is stated that due to non-availability of the proper support, coaches

and escorts, the petitioners could not perform as per their standard and

capabilities and lead to huge defeat, which defeat is solely attributable to the

overt acts of the PCI and other respondents.

9. Apart from the above, the petitioners have made various allegations

and given suggestions to make the system in the proper order.

10. It is pertinent to mention here that keeping in view the wider issues

involved in the matter, Mr.Pravin Anand and Mr.Pradeep Dewan, Advocates

were requested to assist the court. Thereafter, vide order dated 13.05.2016,

Mr.Sanjay Jain, learned ASG was requested to give his suggestions on the

issue raised in the present petition. Accordingly, Mr.Pravin Anand,

Mr.Pradeep Dewan, Advocates and Mr.Sanjay Jain, ASG submitted their

suggestions to the court.

11. Since the issue is regarding the athletes who are handicapped and

suggestions have come from three corners which are filed through

compilation on 25.08.2017 is taken on record.

12. Accordingly, in view of the facts and circumstances of the case and

the suggestions given by the aforementioned three advocates on the issue

including Mr.Sanjay Jain, ASG of India, I hereby dispose of the present

petition directing respondents to sit together at the place to be suggested by

respondent no.1 and consider the suggestions made by the aforesaid

Advocates and come to the proper conclusion.

13. The said exercise shall be completed within six months from the

receipt of this order.

14. Registry is directed to send the suggestions to the respondents made

by the aforesaid counsels which are filed on 25.08.2017 along with the order

passed by this court.

15. In view of above, the petition is disposed of.

(SURESH KUMAR KAIT) JUDGE MAY 02, 2019 ab