The Delhi High Court on Wednesday issued notice to National Anti-Doping Agency (NADA) on a plea filed by wrestler Bajrang Punia against the provisional suspension imposed on him by NADA for allegedly refusing to give his sample for dope-testing.
However, Justice Sanjeev Narula refused to grant any interim relief to Punia and posted the matter for hearing next in October.
Though a request was made for interim relief by Punia's counsel Senior Advocate Rajiv Dutta, the Court refused to pass any directions.
Dutta maintained that Punia never refused to give his sample but only asked NADA officials to update him about his complaints regarding use of expired kits in the previous drug tests.
The senior counsel said that Punia is ready to give his sample even today and if he is unable to participate in the upcoming Senior World Wrestling Championships, that will be the end of his career.
However, the Bench noted that there was no plea for interim relief in the petition.
Meanwhile, the counsel appearing for NADA argued that a panel has already been constituted which will hold the final hearing in the matter.
It was stated that no Olympic level athlete can refuse the sample when the officials approach them.
"We [NADA] will not want any of our ahtletes to be put in a bad position. He [Punia] is saying that he is being targeted but this is not correct. We are looking into the matter and a final hearing is about to happen. This kind of litigation will only derail the process. We want him to play for the country," the counsel said.
Bajrang Punia is the bronze medal winner from Tokyo Olympics. He recently joined the Congress party.
Punia has challenged NADA's order of June 21, 2024.
He argued that argued that in April 2024, during the Wrestling Selection Trials in Haryana's Sonepat, he was approached by two "alleged doping control officials/chaperones" deputed by the NADA after his semi-final bout but neither of them produced any identification or authorization.
He told the officials that he would give his sample if they explain the alleged use of expired testing kits in December 2023.
Punia argued that the Senior World Wrestling Championships are set to commence from October 28 to October 31 in Albania and this is the last major event in which he can participate for the next two years.
However, the provisional suspension makes it impossible to participate in the trials and compete in the championship leaving him with no choice but to retire from wrestling, the plea argued.
"The Petitioner is suffering through no fault of his own as he is unable to participate and perform due to the arbitrary suspension imposed by the Respondent. It is, in fact, the Respondent’s actions that have hindered the performance of the Petitioner and the consequences of which the Petitioner is having to bear. The same is unjust, unfair and a direct violation of the Petitioner’s fundamental rights and necessary restorative action and punitive action against the Respondent is pertinent," the plea said.
It added that NADA's conduct violates Punia's fundamental.
"The conduct of the Respondent [NADA] in terms of the official threatening the petitioner against not giving his sample in an expired testing kit and the subsequent non-transparency and suspicious cover-up and inaction on the part of the Respondent is a clear abuse of authority."
Senior Advocate Rajiv Dutta appeared for Punia. He was assisted by advocate Neha Singh.
The plea was filed through advocate Vidushpat Singhania from Krida Legal.