Supreme Court tasks Justice L Nageswara Rao to oversee finalisation of new Constitution for Indian Olympic Association

The Supreme Court on Thursday appointed retired judge of the top court Justice L Nageswara Rao to oversee the process of finalising a new Constitution for the Indian Olympic Association (IOA) and an electoral college for its pending polls [Indian Olympic Association vs Union of India and ors]..A Bench of Justices DY Chandrachud and Hima Kohli initially hinted at ordering the incumbent secretary-general of the IOA to handle its day-to-day administrative affairs in the interim, but chose to maintain status quo till the upcoming International Olympic Committee (IOC) meeting at Lausanne upon counsel's request."We direct Justice L Nageswara Rao to take up the assignment to ensure a fair and development-oriented approach to Olympic sports in India. The learned judge will be at liberty to fix his fees with the IOA."The Bench also directed the IOA to deposit a sum of ₹10 lakh with the Union Sports Ministry in this regard, towards providing logistical assistance to the former Supreme Court judge in his task. .The Court was hearing an appeal against a Delhi High Court judgment of August 16 directing appointment of a CoA comprising former Supreme Court judge, Justice Anil R Dave, former Chief Election Commissioner Dr SY Qureshi and former foreign secretary Vikas Swarup.A Division Bench of Justices Manmohan and Najmi Waziri had directed the erstwhile Executive Committee of the IOA to hand over the charge of the association to the CoA, which was also tasked with preparation and adoption of a new Constitution as per the Sports Code and court rulings and conduct of elections within 16 weeks.The High Court had also directed the Centre government not to grant recognition or any facility to the IOA or to any National Sports Federation (NSF) or any of its affiliated associations if they refuse to comply with the Sports Code as directed by the High Court.The Supreme Court had last month ordered status quo with respect to the Delhi High Court judgment..Subsequently, it had, on September 19, said it would appoint a neutral person to handle the day-to-affairs of the IOA, which is currently in a spat with the International Olympic Committee over the former's delayed elections and interim administrative body..During the hearing of the case on Thursday, a slew of Senior Counsel appeared for different factions of the IOA and State associations including Abhishek Manu Singhvi, Shyam Divan, Devadatt Kamat, and Menaka Gururswamy. Senior Advocate Rahul Mehra opposed the other senior advocates' submissions to allow their clients to represent the IOA in the IOC meeting to be held at Lausanne soon. Mehra pointed out that though some have resigned from their multiple posts, they would still be attending the meeting."These people will continue with their posts, this is India not a fiefdom."Additional Solicitor General KM Nataraj stated that government representatives/appointees would also be attending the meeting. He asked that status quo be maintained in terms of the administration of the IOA, till the neutral person appointed by the Court as per its earlier order assumes office. Singhvi submitted that,"If lordships were to change the status quo, it would disrupt logistics. Nothing in any case will happen against your lordships' orders." Explaining the structure of the office bearers and executive committee of the IOA, he added,"The attempt is to deliberately keep it broad-based. The poll process till it happens status quo can be maintained. We will not derogate from what Mr Mehra has said in any case."Justice Chandrachud then orally remarked,"Let it be a good-faith effort to reform the process. Otherwise like in football we will have to interfere. Please tell (your clients) to not interfere with the process."Divan submitted that the current office-bearers be allowed to attend the Lausanne meeting. After discussion on this, the Bench ordered that Secretary General Rajeev Mehta and Executive Committee Member Adille Sumariwala attend the IOC meeting as IOA representatives. Mehra then stressed that an independent observer also accompany the two to the meeting and pushed for Olympian Abhinav Bindra to be selected in this regard instead of the other names suggested by the Senior Counsel. Senior Advocate Guruswamy said that undermining the other names suggested was not 'acceptable', and pushed for Olympian Anju Bobby George. The Bench in its order chose not to proceed on this. It posted the matter for hearing next after the Diwali break in its oral order dictated in Court (though the written order states October 10), and also ordered that the pending constitution and poll exercise of the IOA be completed by December 15 this year. .[Follow our live coverage of today's hearing].[Read order]