Supreme Court declines to expunge Delhi High Court's observations in Vinesh Phogat case
The bench noted that the WFI plea had become infructuous since Vinesh had already competed in the trials.
Vinesh lost her semifinal bout to Meenakshi in the Asian Gaems trial in New Delhi. (Photo Credit: Getty)
The Supreme Court headed by Justices PS Narasimha and Aravind Kumar declined to expunge the observations made by the Delhi High Court on the Wrestling Federation of India (WFI) in the Olympian wrestler Vinesh Phogat case on Thursday.
The WFI had moved the SC challenging the Delhi HC May 22 judgement that allowed wrestler Vinesh Phogat to compete in the Asian Games 2026 selection trials in New Delhi on May 30.
The bench noted that the plea moved by WFI had become infructuous since Vinesh had already competed in the trials following the Supreme Court judgement on May 29. Vinesh, however, lost to Meenakshi in the 53kg semifinal.
The Bench also clarified that disposal of the regulatory body’s plea would not mean the top court’s affirmation of it.
“In view of subsequent developments, this SLP is rendered infructuous. This court will not be taken as having to reiterate the findings and observations of the High Court. The issues are kept open,” the Bench said.
The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia of the High Court had noted that Phogat could not meet WFI’s “exclusionary” selection policy only because she was on maternity leave and that motherhood cannot become a ground for exclusion or marginalisation of female athletes like Phogat.
The Division Bench had slammed the wrestling federation for issuing a “deplorable” 15-page show-cause notice to Phogat and termed their action as vindictive.
The High Court had also taken strong objection to WFI’s “national shame” comment on Phogat, saying it revealed mala fides on WFI's part.
Senior Advocate DN Goburdhun, appearing for WFI, urged the top court to expunge the observations made by the High Court against the wrestling body.
“She was allowed to participate but created quite a havoc there. The High Court judgement from para 31 onwards has to go. It has gone to the extent of saying malafide, deplorable, all of it has to be expunged," the senior counsel said.
Goburdhun added that the matter was still pending before a single bench of the High Court.
“The paragraphs must be expunged. The single judge’s hands will be tied. It’s listed on the 6th of July,” he said.
However, the apex court proceeded to close the matter.
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