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.

The Delhi High Court today deferred its hearing till August 13, on an appeal filed by Arjuna awardee Paralympic shooter Naresh Kumar Sharma, challenging the Single-Judge Bench order, refusing to interfere with the decision of the Paralympic Committee for not shortlisting his name for the 2020 Tokyo Paralympics event.

The Division Bench comprising Chief Justice D. N. Patel and Justice Jyoti Singh directed the Committee to place on record the communication sent to the World Shooting Para Sports (WSPS) in furtherance of the order passed by the Supreme Court on August 2, and the response received thereon. 

On July 30, 2021, the Division Bench had issued notice and sought response from the Committee, among other authorities, on the grievance raised by Sharma. 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, 2021, 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.

On August 6, the matter was taken up before the Delhi High Court, wherein Advocate Mahavir Rawat representing the Committee, informed the Bench that Sharma’s performance has not been upto mark since past few years. 

The plea, filed through Advocates Satyam Singh and Amit Kumar Sharma, sought directions to set aside the order dated July 27, 2021 passed by Single-Judge Justice Rekha Palli, 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.   

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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 states that the Committee wrongly selected one Deepak to participate in Tokyo Paralympic in R7 event, in his place.

It was alleged in the plea that the Single Judge failed to take into consideration the fact that the non-selection of the appellant was manifestly arbitrary inasmuch the Selection Committee of PCI vehemently ignored the fact that the applicant fulfilled all the eligibility criteria as laid down by the International Paralympic Committee (IPC) and PCI.  

It was further alleged that the Single Judge failed to appreciate her own observation that the PCI acted in violation of its own criteria for selection of the Paralympic Shooting.

Justice Palli, in her order, observed that PCI conducted itself in a manner which is quite unbecoming of a public sporting body entrusted with the important task of selecting athletes to represent the nation at Paralympic games and other international Paralympic athletic meets, as also for managing Indian Paralympic teams at such events. “In view of the spirit with which it was formed, it is incumbent for the PCI to maintain a fair, transparent and inclusionary approach when carrying out its activities. Yet, the PCI, despite knowing that the petitioner already fulfilled the existing criteria, proceeded to contact the IPC in respect of selection of the respondent no.4 (Deepak) for the R-7 event,” said the Court. 

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The Bench further observed that the Committee acted in a discriminatory manner by not informing Sharma and other Para Shooters that scores from the Novi Sad Grand Prix 2021 would be accepted for the purpose of selections for the Tokyo Paralympics.  

The Court, however, refused to interfere with the Committee’s decision at a belated stage when the shooting team was already placed in a bubble for the purpose of the Paralympics. With these observations, the Ministry of Youth Affairs and Sports was directed to examine the aspect of any foul play in selection of Deepak for the event and if the same is found, to take appropriate action against the PCI in accordance with law.

“The Single Judge failed to take into account the fact that this direction would not serve any meaningful purpose so far as the selection of the appellant in Tokyo Paralympics in the R7 event is concerned,” stated the appeal.

The petition of five-time Paralympian shooter Naresh Kumar Sharma, challenging the Delhi High Court order against his arbitrary non-selection for the Tokyo Paralympic Games 2020 by the Paralympics Committee of India, will be heard by the Supreme Court this afternoon.

The Bench of Justices AM Khanwilkar, BR Gavai and Krishna Murari will hear the matter at 2 pm today.

The petitioner had challenged the Delhi High Court order, saying that though it held the PCI acted in violation of its own criteria for selecting the team for 2020 Tokyo Paralympics, it didn’t take into account the gravity and urgency of the matter. He filed a Special Leave Petition in the apex court through Advocate Amit Kumar Sharma and Satyam Singh against the order of the Division Bench of Delhi High Court, wherein no short date for hearing was given to the petitioner, despite urgency in the matter.

During the July 30 hearing before the High Court, Mr Sharma said that the last date of selection for shooting in Tokyo Paralympic is August 2 and if the matter is heard on August 6, it would make the plea infructuous. He also sought responses from the PCI and the Centre on his appeal against its Single-Judge order, which had refused to interfere with his non-selection for the games.

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The Counsel had urged the High Court to list the matter on an early date, however, the bench had said the petitioner should have approached the court a little earlier and not at the last moment. The court had also refused to interfere with the selection of the other player over Sharma at this belated stage, noting that the shooting team was already in a bubble.

It, however, asked the Union Sports Ministry to examine the aspect and take action, if necessary.