New Delhi, May 18 The Delhi High Court on Monday refused to grant immediate relief to wrestler Vinesh Phogat "without hearing the other side" after she sought a direction permitting her to take part in the May 30-31 selection trials for this year's Asian Games.
The Wrestling Federation of India (WFI) had declared her "ineligible" to take part in the WFI events till June 26.
The court, however, permitted Phogat to give a "comprehensive reply" to the WFI's show-cause notice to her over accusations of indiscipline and anti-doping rule violations.
Justice Purushaindra Kumar Kaurav directed the WFI to take the show-cause notice to "its logical conclusion" by July 6 and place its decision before it.
The judge issued a notice to the WFI, the Centre and the Indian Olympic Association on Phogat's petition over her "ineligibility", and said a balance must be maintained between the "competing interests" in this case.
The senior counsel representing Phogat argued that she should be permitted to participate in the Asian Games trials scheduled for May 30-31.
He emphasised that while internationally, the ranking and status of female athletes on maternity leave are protected, the latest WFI policy excluded Phogat.
"You have already been declared ineligible. How can we grant you that relief without hearing the other side? The (WFI) policy will have to be looked into. There are competing interests. Yes, we appreciate (that you were on a maternity break), but at the same time, there is the national interest. Let them file a reply," Justice Kaurav remarked orally.
When Phogat's counsel urged the court to let her participate in the trials, the court retorted, "There is no point in allowing you and then telling you that whatever you have done is a complete nullity."
Justice Kaurav granted the respondents two weeks to file their replies to the petition, adding that it would not be possible for him to decide the case before the high court closes for summer vacation in June.
Phogat's counsel said there was "something more than what meets the eye" in this case, as she was barred from participating in a competition in Gonda on May 10-11, a day after she was issued the show cause notice.
"The show cause notice was issued to me on May 9, raising issues of the Paris Olympics 2024. There is something more than what meets the eye," the senior counsel said, adding that Phogat should be allowed to give a detailed reply to the notice.
Listing the matter for hearing on July 6, the court said, "The petitioner is granted liberty to file a comprehensive reply to the said show-cause notice. WFI, in the meantime, is directed to take the show-cause notice to its logical conclusion before the next date of hearing. Decision, if any, must be brought on record."
The WFI had declared Phogat ineligible to participate in domestic events till June 26, 2026, citing the mandatory six-month notice period linked to athletes returning from retirement under anti-doping rules.
A defiant Vinesh, however, showed up at the National Open Ranking Tournament in Gonda.
Phogat had participated in the protest by women wrestlers in 2023 against alleged sexual harassment by then-WFI president Brijbhushan Sharan Singh.
In August 2024, she was disqualified from the 50-kilogram category Olympic finals for being overweight by 100 grams in the morning weigh-in.
In her petition, Phogat challenged the WFI's selection policy and circular, which limited eligibility for participation in the Asian Games trials only to medal winners of certain tournaments.
Phogat asserted that the "qualification window" chosen by WFI substantially overlapped with her notified sabbatical on account of pregnancy and post-partum recovery, which created a "closed and inflexible gate-keeping mechanism" that was arbitrary and discriminatory.
Her petition further said the WFI's exclusionary structure was inconsistent with global sports governance and athlete welfare principles, which recognise the "need to reasonably accommodate maternity, protected absences, and phased return-to-competition pathways for elite women athletes".
"The petitioner does not seek automatic qualification, relaxation of sporting standards or judicial substitution of technical sporting assessment. The petitioner merely seeks a fair and constitutionally compliant opportunity to participate in the selection process for the 2026 Asian Games after having completed her notified maternity-related break and return-to-competition obligations in accordance with the applicable anti-doping framework," the petition said.
"Pertinently, the International Testing Agency, acting on behalf of the United World Wrestling, expressly confirmed on 03.07.2025 that the petitioner would be eligible to resume competitive participation from 01.01.2026 onwards," it added.
The petition also contended that the May 9 show-cause notice and the consequential declaration rendering her ineligible for participation in WFI events till June 26 were clearly without jurisdiction, arbitrary and unsustainable in law.
She said the "declaration of ineligibility" was in violation of principles of natural justice, procedural fairness and due process.
Phogat also said the WFI's attempt to characterise her Olympic disqualification as conduct causing "national embarrassment" was wholly disproportionate, punitive and contrary to facts, as the competent authorities have not recorded any finding of fraud, misconduct or unethical behaviour.
New Delhi, May 18 The Delhi High Court on Monday refused to grant immediate relief to grappler Vinesh Phogat "without hearing the other side" after she sought a direction permitting her to compete in the selection trials on May 30-31 for this year's Asian Games despite being declared "ineligible" by the Wrestling Federation of India (WFI).
The court, however, permitted her to give a "comprehensive reply" to WFI on the show cause notice issued to her over accusations of indiscipline and anti-doping rule violations.
Justice Purushaindra Kumar Kaurav directed the WFI to take the show cause notice to "its logical conclusion" by July 6 and place its decision before it.
The judge issued notice to the WFI and the Centre on Phogat's petition over her "ineligibility", and said a balance must be maintained between the "competing interests" in this case.
The senior counsel representing Phogat argued that she should be permitted to participate in the Asian Games trials scheduled for May 30-31.
He emphasised that while internationally, the ranking and status of female athletes on maternity leave are protected, the latest WFI policy excluded her.
"You have already been declared ineligible. How can we grant you that relief without hearing the other side... The (WFI) policy will have to be looked into. There are competing interests. Yes, we appreciate (that you were on a maternity break), but at the same time, national interest is there.
"Therefore, let them file a reply," Justice Kaurav remarked orally.
The court granted two weeks to the respondents to file their replies to the petition.
Phogat's counsel said there was "something more than what meets the eye" in this case, as she was barred from participating in a competition in Gonda on May 10-11 after the show cause notice was issued to her a day before.
"The show cause notice is issued to me on May 9. You raise issues of the Paris Olympics 2024. There is something more than what meets the eye," the senior counsel said, adding that Phogat should be allowed to give a detailed reply to the notice.
The court listed the matter for hearing on July 6 and said, "The petitioner, therefore, is granted liberty to file a comprehensive reply to the said show cause notice.
"WFI, in the meantime, is directed to take the show cause notice to its logical conclusion before the next date of hearing. Decision, if any, be brought on record."
The WFI had declared Phogat ineligible to participate in domestic events till June 26, 2026, citing the mandatory six-month notice period linked to athletes returning from retirement under anti-doping rules.
A defiant Vinesh, however, showed up at the National Open Ranking Tournament in Gonda.
Phogat had participated in the protest by women wrestlers in 2023 against alleged sexual harassment by WFI's then-president Brijbhushan Sharan Singh.
In August 2024, she was disqualified from the 50kg category Olympic finals for being 100 gm overweight in the morning weigh-in.
