Asian Games training: Delhi High Court upholds removal of Kabaddi team coach following sexual harassment allegations

The Delhi High Court recently refused to interfere with a decision by the Sports Authority of India (SAI) to relieve Ashan Kumar from the position of Indian Kabaddi Team (Boys) chief coach for the National Coaching Camp being held to prepare for the Asiad Games, 2023. [Shri Ashan Kumar v Union of India & Others].Justice Subramonium Prasad noted that there were serious allegations of sexual harassment and stalking against Kumar. Thus, the Court said it was not inclined to interfere with the decision of the SAI.“The order disassociating the Petitioner from the position of the Chief Coach during the enquiry by the Internal Complaints Committee cannot be said to be illegal, irrational and it also does not suffer from procedural irregularities,” said the Court..Kumar, an Arjuna Awardee, had been selected to coach the Indian Kabaddi team for the Asiad Games 2023 which is slated to be held at China. However, a First Information Report (FIR) was registered against him last month for offences under Sections 354A (sexual harassment), 354D (stalking) and 506 (criminal intimidation) of the Indian Penal Code as well as Section 12 (sexual harassment of minor) of the Protection of Children from Sexual Offences Act (POCSO Act).Since the matter was also pending before the Internal Complaints Committee (ICC) of the Amateur Kabaddi Federation of India (AKFI), the SAI on September 23 decided to relieve Kumar from the position of chief coach.The move was challenged by Kumar before the Delhi High Court. .The counsel representing Kumar told the High Court that both the complainant and her father had given affidavits stating that the case was filed due to some misunderstanding. It was also submitted that a closure report has been filed by the Police.However, the Court said that these two developments would not vitiate the decision of the authorities to disassociate him from the national team's training and preparation until the report of ICC is received.It also observed that the scope of interference by courts in administrative decisions was narrow. Therefore, Kumar's petition was dismissed..Senior Advocate Dr. Ramesh Gautam with advocates Dr. Malika Gautam and Dr. Kshitij Gautam represented Ashan Kumar.Central Government Standing Counsel Anil Soni with advocate Devvrat Yadav and Archil Misra represented the Union of India.Advocates Nandita Rao, Kunal Parkash, Amit Peswani and Jasraj Singh represented another respondent. .[Read Judgment]