Asian Games Trials: Delhi High Court dismisses petition challenging exemption given to Bajrang Punia, Vinesh Phogat

On July 22, the Delhi High Court dismissed wrestlers Antim Panghal and Sujeet Kalkal’s writ petition challenging the Wrestling Federation of India’s (WFI) ad-hoc committee’s decision to exempt Vinesh Phogat and Bajrang Punia from the Asian Games trials.

Justice Subramonium Prasad said that the WFI’s unanimous decision to exempt the two “elite athletes” to avoid injuries to them before the games cannot be held as arbitrary or perverse. The court noted that the exempted athletes are among the World’s Top 10 rankings and thus their categorisation as “elite athletes” cannot be held as arbitrary or perverse.

“The unanimous decision taken by the Committee on 12.07.2023 not to expose Respondents No.3 (Bajrang Punia) & 4 (Vinesh Phogat), who have been termed as elite athletes, to injuries during trials cannot be said to be arbitrary or perverse,” the court said.

The petitioners – wrestlers Antim Panghal and Sujeet Kalkal – had prayed for directions to the authorities to conduct trials for the categories without exemptions granted to any wrestler. The categories in question are the 65kg (Freestyle) category and the 53kg (Women Wrestling) category. The petitioners further sought that the authorities conduct the whole trial process in a fair manner and under the supervision of WFI-qualified referees.

“It is stated that the Petitioners are professional wrestlers in their respective categories. Petitioner No.1 (Sujeet Kalkal) is in the weight category of 65 Kg (Freestyle) (Men) wrestling and Petitioner No.2 (Antim Panghal) is in the weight category of 53 Kg (Women) wrestling and both the Petitioners have won several medals for the country in various world championships,” the court noted.

However, the court said that the question before it was whether the court should exercise its discretion under Article 226 of the Constitution of India to set aside the ad-hoc committee’s decision. The court noted that the ad-hoc committee members are Dhyanchand and Dronacharya Awardees, thus, are eminent persons connected with the field of wrestling.

Thus, the court said that the writ courts must not substitute their opinion to the opinions of experts unless the decision is perverse or illegal. “It is not the function of the courts to sit in judgment over the decision arrived at by the experts, if the said decision has been taken in good faith and is not perverse, as it would be risky for the Courts to tread an unknown path while upsetting such decisions,” the court said.

The court said that there is a greater risk of injury to players in wrestling and boxing-like sports. The court noted that the Asian Games are about to begin in two months’ time and if any injury is caused to the athletes during the trials, the time for recovery is extremely low. Thus, the ad-hoc committee’s decision cannot be held as perverse.

“Unlike other sports, there is a greater risk of injury being caused to the players during trials in sports like wrestling and boxing. The Asian Games are to begin in about two months’ time and in case injury is caused to the elite athletes, who are medal probables, the time for recovery is extremely low and, therefore, the decision taken by the Committee to exempt Respondents No.3 & 4 from selection trials in order to ensure that they are not to exposed to injuries during trials cannot be said to be arbitrary or capricious or perverse,” the court said.

The court also noted that as per WFI’s affidavit, a similar exemption was granted to Bajrang Punia on August 27, 2022, for World Wrestling Championship and that the wrestler returned with a medal. “It is neither the contention of the Petitioners nor can it be said that the WFI has acted against the interest of the country or that the decision has been taken because of certain extraneous circumstances or in order to favour anyone,” the court said.

Exemptions Create Rifts Among Wrestlers

In an interview with the media, wrestler Vishal Kaliraman said, “Even I play in the under 65kg category and for the Asian Games Bajrang Punia has been given direct entry without any trial. They have been staging a protest for a year now, while we have been practising. We appeal for a trial… We don’t want any favour or benefit. At least a trial should be conducted otherwise we are ready to go the court…We will appeal before the court. We’ve been practising for 15 years…If Bajrang Punia denies that he would not play in the Asian Games only then someone else will get a chance.” The wrestler showed his disappointment and is also ready to move the matter to the court as the trials are a mandatory part of the selection criteria.

Another Indian ace wrestler, Antim Panghal has also objected to trial-free entry to Asian Games for Vinesh Phogat and Bajrang Punia. Her father has confirmed that they will approach Delhi High Court, challenging the ad-hoc panel’s decision on the grounds of discrimination and unfairness. Her father said that Antim only wants a fair trial without bias and prejudice.

Speaking to Sportskeeda, Antim said, “The decision to give direct entry to Vinesh is unfair. I’ve been working hard for the past so many months for the Asian Games. We will speak to the officials of the ad-hoc panel; if they don’t agree to fair play, we might knock on the court’s doors or stage a dharna.”

Antim has also released a video statement stating, “Vinesh (Phogat) has been given direct entry for Asian Games despite not practising for the past year. I won the gold medal in the 2022 Junior World Championship. Even in the Commonwealth Games trial, I had a 3-3 bout with her. Then too, I was cheated. I let it go and thought I would compete in Asian Games, but now they say Vinesh has been selected for the tournament. Is this the right way?”

“They are saying whoever goes to Asian Games will go for World Championship, and those who win World Championship will go for the Olympics. We have been working hard for so many years. What about that? Should I quit wrestling? On what basis is she being sent without trial? Even Sakshi Malik has not been selected? What is special about Vinesh that she got selected? All I want is a fair trial. I’m not saying that only I can defeat her, many women wrestlers out there can do so. They are going for the tournament, but tell me can they win medals in the future?” she added.

Recently, IOA ad-home Committee announced trial dates for wrestling. The trials have been planned for July 22, for men’s Greco-Roman and women’s trials. On July 23, trials for the freestyle team will take place. The committee will conduct trials in 18 Olympic weight categories. Notably, the circular issued by IOA noted they have already chosen wrestlers for the men’s freestyle 65 KG and women’s 53 KG categories.

However, the remaining six weight categories across the three styles of wrestling will take place as scheduled. While the circular did not mention the names of Vinesh Phogat or Bajrang Punia, a member of the ad-hoc panel, Ashok Garg, confirmed that the two wrestlers have been exempted from the trials.