New Delhi, Jan 6 Chief Justice of India (CJI) Sanjiv Khanna on Monday recused himself from hearing a clutch of petitions regarding the adoption of the draft constitution of the All-India Football Federation (AIFF) and the Indian Olympic Association (IOA).
At the outset, CJI Khanna informed that he had earlier adjudicated on the dispute as a judge of the Delhi High Court and directed that the matter should be heard by a different Bench. The CJI Khanna-led Bench ordered the clutch of petitions to be listed before a Bench comprising Justice PS Narasimha.
Earlier, the Supreme Court had appointed former SC judge Justice L. Nageswara Rao to prepare electoral rolls, conduct elections, and amend the constitution of the IOA, saying that since the matter involved not only legal points but also sports policy, it would be prudent to let Justice Rao finalise the draft constitution.
It had passed a slew of directions regarding the adoption of the draft constitution and polling for the executive committee of the IOA. Justice Rao was also given the task of finalising the draft constitution of the AIFF, scrutinising objections and suggestions from stakeholders.
“We are of the considered view that a similar exercise was carried out under the orders of this court in relation to the Indian Olympic Association (IOA) by Justice L. Nageswara Rao. It would be appropriate to entrust the task of finalising the constitution to the former judge of this court,” the apex court had ordered.
The Supreme Court had stayed the Delhi High Court order, directing the Committee of Administrators (CoA) to take control of the IOA governance. In its verdict, the Delhi HC said in order to improve the 'ecosystem' of sports bodies and structurally reform them, put the affairs of the IOA in the hands of a CoA. It had also directed the Centre not to grant recognition or any facility to the Indian Olympic Association or any National Sports Federations (NSFs) if they refuse to comply with the Sports Code.
“Compliance with the Sports Code is non-negotiable,” said a division bench of Justices Najmi Waziri and Manmohan of the high court, adding that “the legal regime apropos sports administration in India has to be implemented fully and effectively”.
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