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Delhi High Court defers Arjuna awardee paralympian’s appeal to August 27

The Delhi High Court on Monday deferred to August 27, hearing on an appeal by Arjuna awardee Paralympic shooter Naresh Kumar Sharma, challenging the order of the Single Judge of the Delhi High Court, refusing to interfere with the decision of the Paralympic Committee of India in not shortlisting his name for the 2020 Tokyo Paralympics event.

The Court had asked the Paralympic Committee of India, if there was any provision to send a substitute player for the shooting event under the World Para Athletics Rules.  

The development came after Advocate Varun Singh, representing Sharma, expressed before the Division Bench comprising Chief Justice D. N. Patel and Justice Jyoti Singh, his willingness to participate in the event as a ‘substitute player’.

He submitted that his experience as an Arjuna awardee and a six-time participant in the Paralympics event would boost the morale of other players, even in case he does not participate. “My interest can’t override the national interest,” he stated.

Per contra, Advocate Mahavir Rawat, Counsel representing the Committee, raised objection over his contention saying, “A champion player is not only the one who accepts victory, but the one who accepts the defeat also.” 

On a specific query raised by the Bench as to whether there is a provision in the World Shooting Para Sport Rules for sending a substitute player, Mr Rawat sought time to seek instructions. Accordingly, the Bench directed the parties to file written submissions in this regard. 

Filed through Advocates Satyam Singh and Amit Kumar Sharma, the appeal by Sharma sought setting aside the order dated July 27, 2021 passed by Justice Rekha Palli, in a plea by Sharma, against his non-selection for the Tokyo Paralympics event by the PCI, the body responsible for selecting athletes to represent India at the Paralympic Games and other international Paralympic athletic meets and for managing the Indian Paralympic teams at the events.   

Sharma, a five-time Paralympic shooter, is aggrieved by his non-selection in R7 event, despite fulfilling all the eligibility criteria as laid down by the Sports Technical Committee (STC) of PCI, as also by the World Shooting Para Sports (WSPS); and stated that the Committee wrongly selected one Deepak to participate in Tokyo Paralympic in R7 event, in his place.

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The Bench, on July 30, 2021, issued notice and sought response from the Committee, among other authorities, on the grievance raised by Sharma, and slated the matter for further hearing on August 6. 

Subsequently on August 2, Sharma moved the apex court citing urgency in the matter, as the deadline for selection ends on August 2. The apex court directed that Sharma’s name be recommended as ‘Additional Participant’ in Tokyo Paralympics. However on August 3, the apex court was informed that Tokyo refused to allot additional slot for him. The apex court, therein, granted liberty to Sharma to approach the Delhi High Court, wherein his appeal is pending, with request to take up the appeal expeditiously.

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