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NEW DELHI: The Delhi High Court has refused to intrude with the order of the Union sports activities ministry to alleviate the chief coach of the Indian kabaddi males’s workforce for Asiad Games 2023 following allegations of sexual harassment and stalking made by a minor woman participant.
The excessive courtroom mentioned the allegations levelled in opposition to coach Ashan Kumar are critical and disassociating him from the place of the chief coach in the course of the enquiry by the Internal Complaints Committee (ICC) can’t be mentioned to be “illegal, irrational and it also does not suffer from procedural irregularities”.
“There are serious allegations against the petitioner for the offence under Sections 354-A (sexual harassment), 354-D (stalking) and 506 (criminal intimidation) of IPC and under Section 12 (punishment for sexual harassment) of the POCSO Act, 2012. This court is not inclined to interfere with the decision arrived at by the respondents (authorities). Accordingly, the writ petition is dismissed,” Justice Subramonium Prasad mentioned in an order handed on September 26 and uploaded on the courtroom’s web site on October 4.
The courtroom handed the order on a plea by Kumar difficult the September 22 order of the Union Ministry of Youth Affairs and Sports and the September 23 order of the Sports Authority of India relieving him from the place of chief coach for the nationwide teaching camp for the Indian kabaddi workforce (males’s) for the continuing Asiad Games, 2023 in China.
The petitioner, an Arjuna awardee, mentioned relieving him from the place at this juncture would have a critical influence on the efficiency of the workforce.
On September 4, an FIR was registered in opposition to him on the criticism of a minor woman at Bhiwani police station in Haryana who accused Kumar of getting sexually harassed her.
She alleged Kumar used to ask her to fulfill him and likewise threatened he would thwart her entry into the ladies’ workforce if she didn’t.
However, she later filed an affidavit saying she made the criticism as a result of some misunderstanding, and the police additionally filed a closure report.
The courtroom famous the criticism has been referred to the Internal Complaints Committee (ICC) of the Amateur Kabaddi Federation of India (AKFI) and the report is but to be acquired.
“In view of the fact that there is a complaint against the coach and that allegations are serious in nature, including the one under the POCSO Act, the decision of the Sports Authority of India relieving the petitioner from the post of chief coach cannot be said to be arbitrary,” the excessive courtroom mentioned.
It mentioned the truth that the complainant and her father have sworn affidavits stating that the criticism in opposition to the coach was lodged as a result of some misunderstanding and the police have filed a closure report doesn’t vitiate the ministry’s order to disassociate him with coaching and preparations of the National Team for kabaddi till the report of the ICC has been acquired.
“The scope of interference by the courts under Article 226 of the Constitution in administrative decisions is narrow. The courts only have to see whether the decision which has been arrived at is just and reasonable and is not perverse. The courts do not substitute their own decision to the one arrived at by the authorities,” it added.
The excessive courtroom mentioned the allegations levelled in opposition to coach Ashan Kumar are critical and disassociating him from the place of the chief coach in the course of the enquiry by the Internal Complaints Committee (ICC) can’t be mentioned to be “illegal, irrational and it also does not suffer from procedural irregularities”.
“There are serious allegations against the petitioner for the offence under Sections 354-A (sexual harassment), 354-D (stalking) and 506 (criminal intimidation) of IPC and under Section 12 (punishment for sexual harassment) of the POCSO Act, 2012. This court is not inclined to interfere with the decision arrived at by the respondents (authorities). Accordingly, the writ petition is dismissed,” Justice Subramonium Prasad mentioned in an order handed on September 26 and uploaded on the courtroom’s web site on October 4.googletag.cmd.push(operate() {googletag.show(‘div-gpt-ad-8052921-2′); });
The courtroom handed the order on a plea by Kumar difficult the September 22 order of the Union Ministry of Youth Affairs and Sports and the September 23 order of the Sports Authority of India relieving him from the place of chief coach for the nationwide teaching camp for the Indian kabaddi workforce (males’s) for the continuing Asiad Games, 2023 in China.
The petitioner, an Arjuna awardee, mentioned relieving him from the place at this juncture would have a critical influence on the efficiency of the workforce.
On September 4, an FIR was registered in opposition to him on the criticism of a minor woman at Bhiwani police station in Haryana who accused Kumar of getting sexually harassed her.
She alleged Kumar used to ask her to fulfill him and likewise threatened he would thwart her entry into the ladies’ workforce if she didn’t.
However, she later filed an affidavit saying she made the criticism as a result of some misunderstanding, and the police additionally filed a closure report.
The courtroom famous the criticism has been referred to the Internal Complaints Committee (ICC) of the Amateur Kabaddi Federation of India (AKFI) and the report is but to be acquired.
“In view of the fact that there is a complaint against the coach and that allegations are serious in nature, including the one under the POCSO Act, the decision of the Sports Authority of India relieving the petitioner from the post of chief coach cannot be said to be arbitrary,” the excessive courtroom mentioned.
It mentioned the truth that the complainant and her father have sworn affidavits stating that the criticism in opposition to the coach was lodged as a result of some misunderstanding and the police have filed a closure report doesn’t vitiate the ministry’s order to disassociate him with coaching and preparations of the National Team for kabaddi till the report of the ICC has been acquired.
“The scope of interference by the courts under Article 226 of the Constitution in administrative decisions is narrow. The courts only have to see whether the decision which has been arrived at is just and reasonable and is not perverse. The courts do not substitute their own decision to the one arrived at by the authorities,” it added.
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