Kerala HC clarifies order suspending Kerala Hockey body; allows players to participate in national events

The Kerala High Court recently clarified that its April 1 judgment suspending the recognition of Kerala Hockey will not prevent players from participating in national tournaments [The Kerala Hockey v Rajeev PJ & ors and connected case].

The Court held that a technical committee constituted under its earlier judgement can continue selecting players, and that the names of selected player could then be forwarded to Hockey India under the banner of Kerala Hockey.

A Division Bench of Justice Sathish Ninan and Justice P Krishna Kumar issued the clarification while considering review petitions filed by Hockey India and Kerala Hockey against the Court's April 1 judgement.

The April 1 judgment was delivered on a batch of appeals concerning the governance of Kerala Hockey. Except for the clarification regarding the selection and forwarding of players, the Court declined to review its earlier findings.

"We clarify that, the suspension of recognition of Kerala Hockey as ordered in paragraph 28 of the impugned judgment shall not affect its right to select persons and send the names to Hockey India, but such selection and forwarding of names shall be done only by the technical committee as ordered in the judgment. The selection and forwarding of names by the technical committee shall be under the banner of Kerala Hockey. Such direction is issued having due regard to the fact that the Kerala Hockey still remains as an affiliated body of Hockey India and that there is no other affiliated body in the State, in the sport," the Court's June 24 clarificatory ruling states.

The clarification ensures that players from Kerala are not deprived of opportunities to compete in national events merely because of the ongoing dispute over the recognition of the State's hockey association.

By the April 1 judgment, the Court had disposed of a batch of appeals concerning the validity of amendments to Kerala Hockey's bye-laws, elections conducted by the association and the powers of the Kerala State Sports Council under the Kerala Sports Act, 2000.

The Court had held that while the sports council could enquire into election related irregularities under Section 31A of the Act (withdrawal or suspension of recognition of sports organisations), it could not dissolve the society or conduct elections through an ad hoc committee.

Instead, the Court directed that the recognition of Kerala Hockey would remain suspended pending proceedings under Section 31A(2) (under which sports counsel has to hear out a sports organisation before withdrawing its recognition) of the 2000 Act.

The Court also order the constitution of a technical committee to look after the interests of State players till the Kerala Hockey or any other State level Hockey Sports Association is recognised.

Concerns were later raised as to whether this April 1 ruling suspending Kerala Hockey would come in the way of players in the State being able to participate in national tournaments.

Hockey India submitted that only affiliated State associations are allowed to forward the names of players for participation in national championships.

Since the April judgement had suspended Kerala Hockey's recognition, there was practical difficulty in accepting names sent directly by the technical committee constituted by the Kerala State Sports Council.

The Court, therefore, clarified that the technical committee would make the selections, but that the names would formally be forwarded to Hockey India under the banner of Kerala Hockey.

Meanwhile, Kerala Hockey, in its review plea, sought the reconsideration of the Court's observation that an earlier 'withdrawal of affiliation of Hockey Kerala' was on account of financial irregularities. There was no material on record to support such a finding, Kerala Hockey argued.

The Court, however, refused to modify that finding, observing that it was supported by materials already available on record.

Senior counsel Dr KP Satheesan, along with advocates P Mohandas, K Sudhinkumar, Sabu Pullan, R Bhaskara Krishnan and Bharath Mohan appeared for Kerala Hockey.

State attorney Anoop V Nair represented the State.

Senior counsel Joseph Kodiyanthara, along with Advocates Raghul Sudheesh, J Lakshmi, Ambily T Venu, Rachel Mary Jacob, Athulya Vaishnavi and Kallyani Menon appeared for Hockey India.

[Read Order]

[Read April 1 Judgment]