Bhawani Singh Rathore v. Union of India and Ors.

Delhi High Court · 05 Mar 2018 · 2018:DHC:1540-DB
Gita Mittal; C. Hari Shankar
W.P.(C) No. 9355/2017
2018:DHC:1540-DB
administrative other

AI Summary

The Delhi High Court directed respondents to consider the petitioner's challenge to WADA and CAS jurisdiction over Indian athletes before judicial determination, emphasizing exhaustion of administrative remedies.

Full Text
Translation output
W.P.(C)No.9355/2017 HIGH COURT OF DELHI
W.P.(C) 9355/2017
Date of Decision: 5th March, 2018 BHAWANI SINGH RATHORE ..... Petitioner
Through : Petitioner in person.
VERSUS
UNION OF INDIA AND ORS ..... Respondents
Through : Mr. Tushar Mathur, Adv. for Ms. Suparna Srivastava, CGSC for UOI/R-1.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
(ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE

1. The writ petitioner appearing in person is a committed sports person, who has raised several issues in this writ petition relating to the jurisdiction of the respondents to bind themselves to the stipulations made by the World Anti-Doping Agency to compel Indian Sports Persons to undergo the tests prescribed by it. The petitioner also challenges the constitution of the Court of Arbitration for Sport, Geneva, Switzerland and its jurisdiction to bind Indian Sports Personnel by its decision.

2. This writ petition has been filed without making any representation to the official respondents. The issues raised by the 2018:DHC:1540-DB W.P.(C)No.9355/2017 writ petitioner deserve scrutiny by the respondents.

3. The respondent no.2 – Indian Olympic Association and respondent no.3 – National Anti-Doping Agency are not represented before us.

4. In view of the above, this writ petition is disposed of with a direction to the writ petitioner to serve a copy of the writ petition on the respondent nos.[2] and 3, who are not represented before us, within one week from today.

5. Subject to the compliance with the above direction, the respondents herein are directed to consider the issues raised in the writ petition and take a view thereon within a period of eight weeks thereafter. The view which is taken by the respondents shall be communicated to the petitioner.

6. In case, the grievance of the petitioner subsists, it shall be open for him to seek legal redressal by way of appropriate legal proceedings.

7. The Registry is directed to send a copy of this order to the respondent nos.[2] and 3. Dasti to the parties.

ACTING CHIEF JUSTICE C.HARI SHANKAR, J MARCH 05, 2018 aj