Not interfering in AIFF affairs, ad hoc arrangement is necessary: Delhi HC

Panaji: The Delhi high court has said that its order constituting a new All India Football Federation (AIFF) ethics and disputes resolution committee cannot be construed as interference into the affairs of the federation.
Earlier this month, the Delhi HC appointed Justice (retd) Rekha Palli as chairperson of the ethics panel after Churchill Brothers FC sought an independent, neutral and impartial committee to probe their conflict-of-interest complaints against Inter Kashi FC and president Kalyan Chaubey.
Besides having Rekha Palli as chairperson, the court also appointed Akshay Makhija as member, while retired judge Ashok Tripathi, who was deputy chairperson of the earlier panel, was retained as member.
The AIFF argued that any judicial order appointing an independent person to the ethics committee would amount to third-party interference with the internal mechanism of AIFF, which would be in violation of FIFA regulations governing the autonomy of national football federations.
The court, however, took a different view.
“The court directions would not amount to interference in the affairs of the AIFF as this ad hoc arrangement is necessary, keeping in mind the submissions made by the parties,” the court said in its recent order. “It would also not mean that the court has assumed any malice or mala fide on the part of the respondents. This arrangement is made without prejudice to the rights and contentions made by the parties.”
Churchill submitted before the court that the ethics committee members were appointed without eligibility verification and had been “unilaterally constituted by the AIFF president alone, without any scrutiny by the secretariat, any recommendation by the executive committee, or approval by the general body.”
On its part, AIFF maintained that the committee was reconstituted with Justice (Retd.) Shekhar Dhavan, former judge of the High Court of Punjab and Haryana, recommended for induction, along with Delhi HC advocate Ayush Jain. The appointments were subject to ratification by the general body. Should Churchill be aggrieved with the decision of the ethics panel, AIFF said, “it may prefer an appeal before the appeals committee”, chaired by a retired Supreme Court judge.
The court, however, found that allegations raising fundamental concerns about the functioning of the committee have been levelled by Churchill, besides the role of AIFF president in the entire process.
“Considering that all decisions have to be routed through the president of AIFF, in order to have a fair and effective grievance redressal mechanism, for the limited purpose of adjudicating the complaints by the petitioner and Inter Kashi FC, the court deems it appropriate to appoint Justice Rekha Palli, former judge of this Court, as the chairperson of the ethics and dispute resolution committee,” the court order states.
Churchill are locked in an acrimonious battle with Inter Kashi over last season’s I-League title. The Goan club has called for suspension/revocation of the Varanasi-based club’s entry in the I-League under the AIFF’s Request for Proposal (RFP). The two-time national champions have also flagged potential conflict of interest concerning Chaubey.
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