Delhi HC Upholds Suspension of Para-Swimmer Prasanta Karmakar Over Video Recording Allegations During National Championships

Delhi HC Upholds Suspension of Para-Swimmer Prasanta Karmakar Over Video Recording Allegations During National Championships

In a recent ruling, the Delhi High Court dismissed para-swimmer Prasanta Karmakar's appeal contesting his suspension. He was accused of filming female swimmers during the 2017 National Swimming Championships in Jaipur.

The bench of Justice Subramonium Prasad observed that as the coach of the swimming team, Karmakar faced allegations concerning the recording of videos and taking photographs of female swimmers, actions attributed to both him and an associate.

The facts of the present case indicate that there were complaints against the Petitioner, who was a coach, regarding the videos and photographs of female swimmers taken by him and his associate. The Petitioner behaved in a rude manner with persons who were there in the stadium. The Petitioner has abused the Chairman and the officials of Respondent No.1. The Petitioner has also indulged in giving press interviews bringing down the interests of Respondent No.1. Therefore, the decision taken by the Disciplinary Committee of Respondent No.1 cannot be said to be unfair or unreasonable warranting interference under Article 226 of the Constitution of India.

“The Petitioner (Karmakar) behaved in a rude manner with persons who were there in the stadium. The Petitioner has abused the Chairman and the officials of Respondent No.1 (Paralympic Committee of India). The Petitioner has also indulged in giving press interviews bringing down the interests of Respondent No.1. Therefore, the decision taken by the Disciplinary Committee of Respondent No.1 cannot be said to be unfair or unreasonable warranting interference under Article 226 of the Constitution of India,” the Court held.

The court further emphasized that adherence to the General Code of Conduct wasn't exclusive to athletes; rather, it extended to coaches as well. Justice Prasad highlighted that the Code of Conduct holds equal weight for both athletes and coaches alike.

The Court highlighted that any alternate interpretation of the Rules would contradict the essence of Clause 19 of the Bye-laws. Notably, Karmakar, an esteemed Arjuna awardee with gold medals from the Commonwealth and Asian Games, had served as the team coach for the 2016 Rio Paralympic Games. However, his participation in sports events organized by the Paralympic Committee was suspended for three years starting February 2018.

Moreover, recommendations were made to the Haryana Sports Department, Karmakar's workplace, urging stringent disciplinary measures against him. Challenging this order in the High Court, Karmakar not only contested the suspension but also sought damages or compensation, citing a violation of his fundamental rights under Article 19(1)(g) of the Constitution.

However, the Court has dismissed his plea.

Advocates Varun Singh, Amit Kumar Sharma, Satayam Singh, Mudrika Tomar, Alankriti Dwivedi, Rohan Chandra, Sanjeev Gupta, Aarti Singh and Diwas Kumar appeared for Prasanta Karmakar.

The Paralympic Committee was represented through Advocate Naveen Kumar Chaudhary.

Central Government Standing Counsel Vikram Jetly and Advocate Shreya Jetly appeared for the Central government. 

Case Title - Prasanta Karmakar v Paralympic Committee of India Through its Chairman & Ors

Click here to Read/Download the judgement

 
Share this News

Website designed, developed and maintained by webexy