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EXPLAINED: Narinder Batra vs IOA, Hockey India, Delhi High Court — Saga far from over

The Bridge tries to explain and present the entire timeline of events of how the controversy surrounding Narinder Batra unfolded and if it's the end of the road.

Narinder Dhruv Batra (Source: FIH)
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Narinder Dhruv Batra (Source: FIH)

By

Md Imtiaz

Updated: 27 May 2022 10:53 AM GMT

Controversies have always followed Indian sports administrator Narinder Dhruv Batra. On Wednesday, Batra was removed as the President of Indian Olympic Association (IOA) after the Delhi High Court struck down his position as the 'Life Member' in Hockey India (HI).

The Delhi High Court, in its 30-page order pointed out that Batra had misused his position as a 'life member' to illegally become the president of Hockey India and then navigate his way to become boss of the International Hockey Federation (FIH).

Before we move on to explain the timeline of events, let's find out who is Narinder Batra and why he became a person of immense importance.

Narinder Batra, a 65-year-old businessman, had confessed his love for hockey. Though he himself couldn't succeed as a hockey player, he joined as a sports administrator when Hockey India was formed in 2009 after the Indian Hockey Federation (IHF) was disbanded following Indian hockey's poor show at the 2008 Olympics. He joined Hockey India as the treasurer of the federation (HI) in the inaugural year and went on to be its secretary-general later that year.

During this time (2003-2013) he was also the Chief of the Asian Hockey Federation (AHF). While he served as Hockey India's secretary-general till 2014, he was elected as the president of the federation (HI) later that year.

During his tenure as the Hockey India president, Batra earned a reputation for his trial-and-error hiring process in team management. His dominating nature caught the eyes of many in the federation. However, he was also credited for improving the stature of the sport in the country — bringing in grassroots programmes, regular national camps, and hiring foreign coaches.

The results were evident. Indian men's hockey team went on to win the Asian Games gold medal in 2014, a bronze medal in World Hockey League 2016, and gold in Asian Champions Trophy 2016. Whereas, the women's team qualified for the Olympic Games for the first time since 1980. Riding on to his fleet of success, Batra, in 2016, became the first Asian to be elected as the President of FIH. He was re-elected as the president again for a second term until 2024.

Hockey India appointed CEO Elena Norman

Besides, being the FIH President, Batra also became the President of IOA in 2017 when his rival Anil Khanna — former president of All India Tennis Association (AITA) and the current Senior IOA Vice President, withdrew his candidature. This is when India enjoyed a successful outing in the 2018 Asian and Commonwealth Games. The results culminated in Batra being a member of the International Olympic Committee (IOC) in 2019 and the Olympic Channel Commission (OCC) in 2020.

Observation: Being the FIH president, Batra had to leave the chief position of Hockey India. However, he assumed the role of 'Life Member' of the Federation. In 2017, Hockey India also appointed marketing professional Elena Norman as its first-ever CEO. A glance at the Hockey India website does not provide the information about a 'Life Member' or a CEO. No other NSF in India, apart from Hockey India, has these positions on its Executive Board. This became the crux of the Delhi High Court's verdict.

Timeline

Now let us look at the timeline of events in the year 2022, which resulted in Narinder Batra being removed as IOA President after the Delhi High Court installed a three-member Committee of Administrators (CoA) to run the day-to-day affairs of Hockey India.

February 2022

Despite leaving his position as the Hockey India President in 2016 and moving on to become FIH President the same year and IOA president in 2017, Batra maintained strict tabs on the federation (HI).

In February 2022, the Indian men's hockey team returned from the FIH Pro League matches in South Africa, winning three of their four matches. But Batra was unhappy with the performance and so he wrote to Hockey India addressing its current president Gyanendro Ningombam to report to Batra about why the team had put up an "unacceptable" performance.

The Hockey India officials were taken aback by Batra's strongly-worded message and were quite surprised at his "interference." It was then, Olympian and a member of the 1975 World Cup-winning team, Aslam Sher Khan questioned Batra over his interest in matters of Hockey India. In an interview with the Times of India, Khan had pointed out that Batra's involvement in Hockey India matters despite being the FIH president, was a case of 'Conflict of Interest'. He challenged some irregular appointments in Hockey India, including that of Batra as a 'Life Member' and Elena as CEO in the Delhi High Court. It is only after Khan's challenge, that the Delhi High Court started looking into the matter.

March 2022

While a challenge was already being heard by Delhi High Court, Batra courted yet another controversy in March, which triggered demands of his resignation from the post of IOA chief. His social media post from 2015 was dragged where he launched an attack on former Chief Justice of Supreme Court RM Lodha.

In his post from 2015, Batra had posted: "Well done Retd Justice Lodha. You have ruined cricket in India... Few of your suggestions were absurd and pure stupid... I am informed Justice Lodha took Rs 5 crores from BCCI in one year. As Chief Justice of India, his salary was Rs 2.50 lakh and after retirement, the pension is 50 percent of the salary i.e. Rs 1.25 lakh per month. Thus if the above figure is correct, then Justice Lodha got 400 months of salary or 33.33 years of salary in one year from the BCCI, plus his pension. Is this not indirect form of corruption? Are retired judges' only honest people in India? Are all others corrupt?"

This was pointed out by the petitioner of the case Sports lawyer and activist Rahul Mehra, who had said that Batra had no respect for Courts and Hon'ble Justices. This had put the IOA officials in an embarrassing position, forcing several of them to speak up against Batra.

Narinder Batra with Rajeev Mehta (Source: IOA)

Observation: Batra had always faced a tussle for his IOA position with IOA secretary general Rajeev Mehta which was revealed in December 2021. Mehta had announced his candidacy for the president's position against Batra at the now-postponed IOA election. Therefore there was infighting between two factions of the IOA, which resulted in postponing the election by the Delhi High Court.

Rahul Mehra had filed a petition pointing out that IOA was not adhering to the National Sports Development Code of India (NSDCI) 2011 for electing new office bearers. Even the IOC urged the two factions of IOA to sort out their differences and work in harmony, but they however recognised Batra as the leader. The IOA couldn't sort their differences and the ugly exchange of words and mail trails between Batra and Mehta kept on going.

April 2022

The tussle with Rajeev Mehta took an interesting turn when Narinder Batra was accused of diverting Hockey India funds worth Rs 35 lakh for personal benefit. After receiving a complaint from an unnamed source, the Central Bureau of Investigation (CBI) initiated a preliminary enquiry against the IOA chief.

On March 29, the IOA's honorary treasurer, Anandeshwar Pandey, wrote a letter to Batra alleging irregularities and seeking answers about the financial dealings between a company owned by Batra and Hockey India.

"This is in follow up of [sic] my letter of yesterday regarding the expenditure incurred on your office. You are continuing to remain silent and not reply [sic]. The delay in accounts is only because you are not providing the information requested by IOA. I have learnt that a few days ago officers from CBI visited the IOA office and made enquiries about your office on the 2nd floor," the letter read. The letter alleged that the CBI had earlier met Batra at the Hockey India office.

"Is it correct that Hockey India has confirmed that it is Hockey India which has spent the funds on your office and not you personally as you have been claiming all along," the letter asked.

The letter further accused Batra of misconduct as it alleged his company, Super Parts, of creating a false loan liability to cover up the role of Hockey India. "How did the name of your personal company Super Parts appear in the report of Internal Auditor V K Bajaj and company. Why was there a fake attempt to cover up the role of Hockey India by creating a false loan liability in favour of Super Parts Private limited? Why was a financial loss being created for IOA. Only to cover up the misuse of funds by Hockey India," the letter further read.

25 May 2022 - Delhi High Court's ruling

Delhi High Court struck down Batra's position of 'Life Member' in Hockey India. As a result, Hockey India was placed under CoA after the Delhi High Court, on Wednesday, observed that the federation had violated the National Sports Code through the involvement of IOA president Batra.

The court observed that Hockey India had created positions like 'life member', 'CEO', which were against the National Sports Code. The two-judge bench of Justice Nazmi Waziri and Justice Swarna Kanta Sharma mentioned that Batra's position as a 'life member' was untenable.

"As per IOA Constitution and Election Bye Laws, representatives nominated by each voting unit must be members of the Executive Bodies of such units to be part of the Electoral College. Mr. Batra was part of the Electoral College in 2017 and his name appeared in S.no 43 of the Electoral College.

"In 2017, Mr. Batra ceased to be President of Hockey India and was not a member of the Executive Committee of Hockey India. Mr. Batra was a Life Member of Hockey India as per para 2.1.1.3 of Hockey India Constitution and it was in this capacity as Life Member of Hockey India, that his name was included in the Electoral College of Indian Olympic Association.

"The Order of the Hon'ble High Court is, therefore, abundantly clear that the illegal post of Life Member cannot be the stepping stone for any other position or benefit elsewhere, be it nationally (including in the Indian Olympic Association) or in International bodies." the bench observed.

The Delhi High Court further formed the CoA with former Supreme Court judge Justice Anil R. Dave, former Chief Election Commissioner SY Quraishi and ex-India captain of hockey team Zafar Iqbal.

Since the court has clearly questioned Batra's unethical ways of functioning, his position as the president of the FIH also comes under the radar. Now his entire process of appointment to FIH lies bare.

The HC also came down hard on Batra for trying to "benefit" elsewhere from an "illegal" post. "What a paradox, to make oneself permanent in an entity whose tenure itself is impermanent. The illegal Post of Life President or Life Member cannot be the stepping-stone for any other position or benefit elsewhere, be it nationally (including in Indian Olympic Association) or in international bodies," the HC bench said. Batra is also heading International Hockey Federation (FIH). He became President of the world hockey body in 2016 and reclaimed the position last year for a second term.

"If R-3 (Batra) has so benefitted, then such benefit or position shall end right away. Let the CoA look into the matter, so would the Government of India. "...had himself appointed as Life Member of Hockey India. This smacks of ... brazen impertinence to the clear mandate of law. It was a less than honest but futile endeavour to institutionalize oneself in a body whose legitimacy itself is contingent upon conformity with the Sport Code and the law." The HC also empowered the CoA to recover whatever amount of money Batra owes as "expenses incurred on such supernumerary, innovative and illegal posts".

The court also said: "Batra (R-3) knew fully well that the post of Life President and Life Member in a National Sports Federation (NSF) is illegal. He had been specifically intimated so by the Government of India. "

Soon after the hearing, Narinder Batra was on Wednesday removed as Indian Olympic Association (IOA) president. It was then, the Senior IOA vice-president Anil Khanna took over as acting chief of IOA.

Within hours of the Delhi HC decision, Batra issued a statement, saying that he will not seek re-election for a second term when the IOA elections are held and that needs to spend more time as head of the International Hockey Federation. The IOA elections, which were due to be held in December last year, have been kept in abeyance due to another pending court case. Batra's removal means that his membership of the International Olympic Committee will also come to an end as the coveted position was linked to his IOA presidency.

"At a time when world hockey is going through an essential development phase, with the promotion of Hockey5s, the creation of a new competition this year – the FIH Hockey Nations Cup – and the launch of fan-engaging platforms and activities, my role as President of the International Hockey Federation (FIH) requires more time for all these activities," Batra said in the statement. "Consequently, I've decided to not run for a further term as President of the Indian Olympic Association (IOA)."

26 May 2022 - CoA takes its first step

The CoA appointed to run Hockey India on Thursday said it won't object if Elena Norman continues to work for the federation but she must relinquish her positions in the managing committee and executive board of the sports body. The CoA also said that it will soon find an appropriate candidate to manage the day-to-day affairs of Hockey India.

Being the CEO of the organisation, Norman was a part of Hockey India's Executive Board and several Committees but did not have voting right. The Delhi High Court ruling had removed the position of CEO and 'Life Member' from Hockey India.

"As far as CEO Elena Norman is concerned she is just an employee of Hockey India. She can't have the powers to be in the executive board and managing committees of Hockey India, which is totally against the Sports Code," CoA member Quraishi told PTI.

"Our first and foremost priority is to correct the HI constitution and put it in line with the Sports Code. And then our goal is to conduct a fresh and fair elections and hand over the reigns of the federation to the newly elected, democratic body," he said. The HC has granted the CoA 20 weeks time to put HI's house in order and conduct fresh elections.

The case is far from being over

Anil Khanna (Source: IOA)

Despite the Delhi High Court's order, Batra said he "did not contest the election for either president FIH or president IOA by virtue of holding any post that was struck down by the order of the Hon'ble High Court". "I currently continue to serve the IOA as President, till such time new elections are held," Batra said in his message to members, a claim that was promptly rejected by Anil Khanna.

Batra claimed that he is not holding the position of IOA President by virtue of his being a Life Member of the Hockey India. "This is an incorrect statement," Khanna wrote in an e-mail to the IOA members.

Khanna pointed out that Batra has used his position as Life Member of Hockey India to be in the Electoral College and, therefore, as per the Order of the court he ceases to be the president of IOA.

Khanna said, "In this critical time, IOA as an Institution has to start conducting itself with due respect to the orders of the Hon'ble High Court, Law of the Land and National Sports Code. "It should be our endeavour to be compliant. Mr. Batra's claim is once again challenging the order of the Hon'ble High Court and the Constitution of IOA. This may tantamount to Contempt of Court."

A top IOA source told PTI: "If Mr Batra does not accept that he is no longer IOA president and object to senior vice president taking charge as acting president as per IOA constitution, somebody in the IOA will have to go to court to enforce the order."

Khanna also said that he is now the only eligible candidate to run the affairs of IOA, with the other senior vice president RK Anand already past the age of 70. "This leaves only me as the eligible senior vice president to fill the vacancy." Khanna also asked all the IOA members to take instructions only from him or secretary-general Rajeev Mehta.

The Bridge's take

The Narinder Batra saga is far from being over and though IOA claims that they have removed Batra from the post of President, Batra has denied having stepped down from his position of being the IOA chief. It looks like the IOA will still have to take the order to the court. In the meanwhile, the former coach of Indian women's hockey took to Twitter on May 26, to mention that there are several problems in Indian sports administration which he will delineate in his book Willpower, which will be out in September. It seems like, we will be able to dig deeper into how Batra has kept on interfering in Hockey India's affairs once the book gets released.

With inputs from PTI

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