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Law in Sports

Athletes can’t be stopped from participating in 'unauthorised' tournaments

Earlier this year, a Bombay High Court bench made stinging observations while hearing a petition filed by basketball players challenging a circular that pressurised them not to compete in Maharashtra’s ‘Mini Olympic Games’.

Athletes can’t be stopped from participating in unauthorised tournaments
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Bombay High Court (India Today)

By

Ekalavyas News Service

Updated: 24 April 2023 8:56 AM GMT

Earlier this year, a Bombay High Court bench of Justice GS Patel and Justice SG Dige made stinging observations while hearing a petition filed by basketball players challenging a circular that pressurised them not to compete in Maharashtra’s ‘Mini Olympic Games’.

What’s the matter?

On December 25th, 2022, the Maharashtra Basketball Association (MBA) issued a ‘notice’ to all its affiliated District Basketball Associations, players, trainers, managers and referees dissuading them from participating in the ‘Mini Olympic Games’ to be organised by the Maharashtra Olympic Association (MOA).

The circular went on to note that those who take part in the event would be disqualified from all the state or national level tournaments affiliated to, or organised by, MBA and Basketball Federation of India (BFI), respectively.

MBA’s reasoning for issuing this circular was MOA’s alleged delay in granting formal affiliation to MBA, despite repeated requests.

It was this circular that was challenged in court by the affected players.

Court Unquote

As reported in legal news website Bar & Bench, Justice Patel remarked: “Do not make this into an affiliation politics. Just let them play basketball. We will stay this order. You cannot issue fatwas like this. You are putting an end to a person’s sporting career.”

"Your method of conduct in the circular leaves nothing to be desired. Because this is a power play by your association to gain control. If you show how you will support, then fine. But if you oppose these players, we will have to shut you down. You will immediately, ensure that each member will automatically get membership and they will be permitted to play. You will withdraw this circular right away,” Justice Patel further said.

Following these hard hitting statements, MBA withdrew the circular, paving the way for the participation of around 192 basketball players in the Mini Olympic Games which was held in January.

Larger Implications

Oral observations made by a judge are known as ‘obiter dicta’ and as such don’t have any ‘binding’ value – meaning they cannot be considered as a legal precedent.

That said, the fact of various sporting associations, whether at the district, state, national (or even international) level using players as ‘bargaining chips’ for their political gains is a sad reality.

The Bombay High Court’s observations therefore should serve as a timely rap on the knuckles of sporting bodies to refrain from actions that hurt players’ interests – interests that they are supposed to be guarding and enhancing in the first place.

More importantly, the success of the five petitioners – who are young sportspersons themselves, supported by their district associations – should serve as an inspiration for other affected athletes to not be afraid of seeking legal redressal, fearing adverse retaliatory consequences from the powers that be.


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