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New Delhi: Coming to the rescue of ace shuttler Jwala Gutta, the Delhi High Court on Thursday stayed the Badminton Association of India's (BAI) decision not allow her to take part in any international tournament ins or outside the country in view of the disciplinary committee's recommendation for life ban on her for alleged indiscipline.
Allowing her plea against BAI's October 7 order, Justice V K Jain directed the Association to allow her to participate in the Denmark Open Tournament scheduled to be held from October 15 to 20.
Justice Jain, in an interim order, said "prima facie, the action initiated against the petitioner (Gutta) could not have been initiated under Clause 18 of the Memorandum. The impugned communication of October 7 therefore, needs to be stayed."
The court recorded the petitioner's argument that a three- members committee is to take a final view on the punishment recommended by the disciplinary committee against her and the BAI President has arbitrarily issued an order not allowing her to participate in the tournaments.
"In the absence of a final decision on the penalty to be imposed upon the petitioner(Gutta), the decision taken by the President or Secretary of BAI...would be rather premature. BAI, in my view, ought to have waited for the final decision on the penalty to be imposed upon her, instead of taking such an extreme action in the meanwhile," the court said in an interim order and stayed the October 7 order.
The court also took note of the Association's failure to place on record any procedure under which the decision was taken by its officials against any badminton player for his misconduct and said that in the absence of any such rules and regulations it is not possible for the court to ascertain as to who was competent to initiate disciplinary action against the petitioner, what was the procedure required to be followed for taking such an action.
