Reply to shooter's plea challenging non-selection for Tokyo: HC to Paralympics Committee of India

The Delhi High Court Friday sought response of the Paralympics Committee of India (PCI) on an appeal by five-time Paralympian shooter Naresh Kumar Sharma challenging its single-judge order which refused to interfere with his non-selection for the upcoming Tokyo games.

A bench of Chief Justice D N Patel and Justice Jyoti Singh issued notices to PCI and the Centre and asked them to respond to the plea while listing the matter for further hearing on August 6.

Advocate Varun Singh, representing Sharma, submitted that the event will start from August 24 and August 2 is the deadline for the Tokyo 2020 organising committee to receive Sports entry forms submitted by National Paralympic Committee (NPC).

He urged the court to list the matter on an early date; however, the bench said the petitioner should have approach the court a little earlier and not at the last moment.

The single-judge passed the order on July 27.

In his appeal filed through advocates Satyam Singh and Amit Kumar Sharma, the Arjuna and Rajiv Gandhi State Sports Awardee has said the single-judge order failed to consider the facts in proper perspective when it refused to grant any relief to him in spite of noting that the PCI acted in violation of its own criteria for selection of the Paralympic Shooting Team.

The appeal stated that Tokyo Paralympics are set to commence from August 24 and therefore, a direction can still be passed to the PCI to send Sharma's name for his participation in the R7 shooting event.

"August 2, 2021 is the deadline for the Tokyo 2020 organising committee to receive Sports entry forms submitted by NPC. The single judge failed to take into account the fact that the PCI can send the name of the appellant (Sharma) even at this stage for his participation at Tokyo Paralympics 2020 in R7 event," the appeal said.

It alleged that the single-judge erred in observing that she sees no reason to interfere with the selection of one Deepak or issue directions to the PCI to select Sharma to compete in the R-7 event of the 2020 Tokyo Paralympics, either in place of Deepak or as an additional entry.

On July 27, the high court's single-judge order had said that PCI's conduct in relation to the selection of another player, Deepak, over Sharma was “unbecoming of a public sporting body” which has to maintain a fair, transparent and inclusionary approach.

While deciding Sharma's petition against his non-selection, the single- judge had observed that it found prima facie merit in his averment that the PCI selection committee did adopt different standards vis-à-vis Deepak and other Para shooters.

The court had, however, 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 nonetheless directed the Union Sports Ministry to examine the aspect and take action, if necessary.