Delhi HC stay on AIFF action reflects MYAS officials’ inconsistent Code enforcement

The High Court of Delhi has stayed the appointment of Anil Kumar Prabhakaran as the All India Football Federation (AIFF) Secretary-General, upholding petitioner Ranjit Bajaj’s argument that the appointment violated the provisions of the National Sports Development Code of India 2011. Anil Kumar Prabhakaran resigned as AIFF executive committee member to accept the paid post. 

His appointment came in the wake of the termination of Shaji Prabhakaran as AIFF Secretary-General on November 7, 2023. The High Court of Delhi stayed the termination letter on December 8, 2023. The AIFF Executive Committee ratified the decision to sack Shaji Prabhakaran In January 30 last year and Anil Kumar Prabhakaran was appointed on August 19 last.

Justice Sachin Datta agreed with the contention that the purpose of the February 28, 2022, letter by the Ministry of Youth Affairs and Sports to the Indian Olympic Association and National Sports Federations was to bar elected office-bearers from taking up paid/salaried administrative positions in a National Sports Federation and to act as a safeguard against any ‘conflict of interest’.

He did not concur with the AIFF argument that the Ministry’s circular barred only elected office-bearers trying to circumvent the age and tenure restrictions imposed by the National Sports Code and was not applicable in other situations. He observed that this was belied by the plain language of the letter of February 28, 2022. 

“The same is necessary, not only to prevent circumvention of age and tenure restrictions, but also to obviate any conflict of interest which is inherent in an administrative/ salaried post being given to a person who has held an elected post in the same NSF,” Justice Sachin Datta wrote in his order on April 2.

Interestingly, the Central Government Standing Counsel also confirmed to the Court that it would be impermissible to let Anilkumar Prabhakaran to take up AIFF Secretary-General’s position in terms of the Ministry’s letter of February 28, 2022, to the Indian Olympic Association and the National Sports Federations. 

If indeed this is the line of thinking in the portals of the Ministry, it should have been reason enough to write to AIFF stating that Anik Kumar Prabhakaran’s appointment was in violation of the National Sports Code. After all, in the past, Ministry has written to many National Sports Federations that elections of some of their officials were not acceptable under the Sports Code.

Come to think of it, things would not need to be dragged to Court if officials of the Ministry of Youth Affairs and Sports, entrusted with the task of enforcing Code-compliance among the National Sports Federations, raise their efficiency and employ consistency. Indeed, some of the mess in Indian sports administration is a creation of such officials in the Ministry.

Some National Sports Federations have been able to complete their elections without the Ministry insisting on 25 per cent representation of eminent athletes in the general body. Others have gotten away without having Athletes’ Commissions. Some others have not had even a reasonable representation of women in their general body. And yet, they have all been granted recognition.

At the other end of the spectrum, some National Sports Federations have not been given annual recognition or, in some cases, derecognised, for apparently flouting the National Sports Code, including not holding elections in time. Some others were told that their officials had exceeded their terms and could not continue in office.

It is not the first time that the High Court of Delhi has stayed the appointment of officials of a National Sports Federation. By an order passed in July 202, Lt. Gen SS Mishra and Lt. Gen. MKS Yadav were restrained from acting as President and Vice President (Administration) of the Equestrian Federation of India after they had been recently nominated to those posts.