No immediate relief for Bajrang Punia as Delhi HC posts his petition against suspension by NADA to October
The Delhi High Court on Wednesday issued notice to the National Anti-Doping Agency (NADA) on wrestler Bajrang Punia's petition against his provisional suspension for allegedly refusing to give his sample for dope-testing.
However, Punia failed to get any immediate relief from the high court as Justice Sanjeev Narula posted the matter for further hearing in October, saying no formal application was filed for interim relief. Punia can agitate his grievances before the disciplinary panel, the judge said.
The wrestler has moved the high court ahead of the Senior World Wrestling Championships scheduled to be held in Albania from October 28 to 31, 2024.
Punia -- one of the wrestlers at the forefront of last year's protest at Jantar Mantar demanding the arrest of then Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh for the alleged sexual harassment of seven women grapplers -- submitted that he will be forced to retire from wrestling due to the arbitrary actions of NADA.
The NADA counsel told the court that a disciplinary panel has been constituted and it is looking into the issue, adding that a final hearing is "about to happen".
On June 21, NADA imposed a "provisional suspension" on Punia for a second time and issued a formal "notice of charge", rendering him ineligible to train and participate in competitions. The move came three weeks after an anti-disciplinary doping panel revoked the earlier suspension on the grounds that NADA had not issued a "notice of charge" to the wrestler.
NADA had first suspended Punia on April 23 for his refusal to give his urine sample for a dope test during the selection trials held in Sonepat on March 10. The sport's global governing body, United Wrestling World (UWW), had also suspended Punia.
"This is a classic case of how to hound someone....The world championship is around the corner. I have to participate. I have to practise. They are finishing my career," senior advocate Rajiv Dutta submitted on behalf of Punia.
However, Justice Narula questioned Punia on his refusal to submit a sample for the testing. "How will they let you play if you don't test? If you don't undergo the test, how will they qualify you?" Justice Narula asked.
Dutta asserted that he has "not refused" to undergo the dope test but has only demanded an answer from the authorities regarding the manner in which the earlier tests were sought to be conducted.
The court, however, said it "cannot be the basis" not to undergo the test subsequently.
Punia's counsel said he is ready to undergo the test on Wednesday itself. "Let them take the sample today," Dutta submitted.
The NADA counsel said the authority "cannot take samples like this" as the same is done in accordance with a test-distribution plan.
NADA's counsel asserted that no player can refuse to undergo the dope test and Punia was not being "targeted".
Dutta said the hearing before the panel can be held this week itself and Punia should be heard. (With PTI inputs)