The Delhi High Court on Wednesday (September 11, 2024) asked the National Anti-Doping Agency (NADA) to respond to a petition filed by wrestler Bajrang Punia challenging his suspension from participating in competitions after he refused to give samples for a dope test..
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The court issued a notice to the agency on the plea moved by Mr. Punia, who was one of the wrestlers at the forefront of last year’s protest at Jantar Mantar demanding the arrest of then Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh for the alleged sexual harassment of seven women grapplers.
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NADA’s counsel said a disciplinary panel had been constituted and it was looking into the issue, adding that a final hearing was “about to happen”.
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During the hearing, Mr. Punia’s counsel pressed for an interim relief citing the upcoming Senior World Wrestling Championships in Albania. However, the court said no formal application had been filed for the same.
“This is a classic case of how to hound someone.... The world championship is round the corner. I have to participate, I have to practise. They are finishing my career,” the counsel argued on behalf of Mr. Punia.
On June 21, NADA imposed a “provisional suspension” on Mr. Punia for a second time and issued a formal “notice of charge”, rendering him ineligible to train and participate in competitions.
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The move came three weeks after an anti-doping disciplinary panel revoked the earlier suspension on the ground that NADA had not issued a “notice of charge” to the wrestler.
NADA had first suspended Mr. Punia on April 23 for his refusal to give urine sample for a dope test during the selection trials held in Sonipat on March 10. The sport’s global governing body, United Wrestling World (UWW), had also suspended Mr. Punia.
The court questioned Mr. Punia on his refusal to submit a sample for the testing, asking, “How will they let you play if you don’t test?...If you don’t undergo the test, how will they qualify you?”
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Mr. Punia’s counsel said he did “not refuse” to undergo the dope test but only demanded an answer from the authorities regarding the manner in which the tests were going to be conducted.
“I have not refused. The first thing was, the person who came (to test) brought an outdated kit. They admitted it. That man has been suspended. I said please give me an answer as to what has happened. In the second instance, those who came (to test), they were not even authorised to do it,” the counsel argued.
The court, however, said it “cannot be the basis” to not undergo the test subsequently.
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“That cannot be the basis (to say) that okay, this incident has happened and now, for further testing, I will not give my sample,” the court said.
The counsel said Mr. Punia is ready to undergo the test on Wednesday itself. “Let them take the sample today,” the counsel submitted.
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The counsel for NADA said the authority “cannot take samples like this” as it is done in accordance with a test-distribution plan.
The court orally suggested that Mr. Punia can agitate his grievances before the disciplinary panel. It listed the matter for further hearing in October.
NADA’s counsel asserted that no player could refuse to undergo the dope test and that Mr. Punia was not being “targeted”.