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The Supreme Court today has directed the Paralympic Committee of India to recommend the name of Five Time Paralympian shooter Naresh Sharma as an additional participant in the R7 event in Tokyo 2020.

The directions were passed by the Full Bench of Justice AM Khanwilkar, Justice BR Gavai, and Justice Krishna Murari. 

"In view of the urgency, and more particularly, the High Court observations in the Para 14 & 15, we direct the respondent 1 committee to immediately, recommend the name of the petitioner, as an additional entry for R7 Event - 50 M Para shooter - SH 1, without any exception and report compliance in that respect by tomorrow," the bench said.

Senior Advocate Vikas Singh appearing for 5 times Paralympian shooter submitted that when his Junior Advocate Satyam Singh Rajput tried to contact the President of the Paralympics Association, however, she talked for 5 minutes and thereafter switched off her mobile. 

Upon Senior Advocate’s submission, Court said, “If the Olympic Committee does not want to appear before us we will issue directions.”

ASG KM Nataraj submits that the Union of India has no role to play since Paralympics Association was a deciding party and had sought time to seek instructions. 

“But today is the last date,” said Justice AM Khanwilkar

ASG KM Nataraj thereafter submitted that the Union of India had no problem in case Sharma is selected. 

“Union of India has no problem from our side. We’ll be happy if medals come,” ASG KM Nataraj for the Union said.

The bench in the present matter was hearing a plea filed by Five Time Paralympian shooter Naresh Sharma challenging the Delhi High Court order which posted his plea relating to his non selection for the upcoming Tokyo 2020 for August 6, 2021. 

Filed through Advocate on Record Nitin Saluja and filed by Advocate Amit Sharma and Advocate Satyam Singh Rajput, the plea stated that the delay for hearing is being blamed on Sharma even though his result was delayed by PCI, as the information communicated to him by the Paralympics Committee of India (“PCI”) regarding final selection was on July 17, 2021 and on the same day Sharma had challenged the decision of Delhi High Court.

 

“The case is being delayed by PCI and wrongly held by a single judge that it was too late to interfere after coming to the conclusion that the election by the PCI is not fair in any way and it has encouraged favouritism. Lastly, the division bench also by listing the matter 4 days after the date of submission is adding further insult to injury,” plea stated.

Sharma in his plea had averred that he tried to mention the matter in front of the court for an early hearing as the last date of selection for the shooting in Tokyo Paralympic 2020 is August 2, 2021 and if the matter is heard on August 6, 2021 that would make the matter infructuous because as per IPC’s policy the deadline to send the name of the final selected candidates for participation in Tokyo 2020 Paralympic is August 2, 2021. 

The Single bench of Justice Rekha Palli on July 27, 2021 had rejected the prayer of Sharma for his participation in the shooting at Tokyo Paralympics in R7 event on the issue of “Bio Bubble” but clearly held that the selection process of the PCI was not transparent and fair in its way and held that, “It is incumbent for the PCI to maintain a fair, transparent and inclusionary approach” when carrying out its activities. Yet the PCI, despite knowing that the petitioner had already fulfilled the existing criteria, proceeded to contact the IPC in respect of respondent number 4 for the R7 event.” The Single Judge had however asked the Union Sports Ministry to examine the aspect and take action if necessary. 

The petitioner had thereafter challenged the single judge order before the Division Bench and the division bench by order dated July 30, 2021 sought response of the PCI and the Centre and adjourned the matter for August 6, 2021.

It is pertinent to mention that earlier during the day, Senior Advocate Vikas Singh had mentioned the matter before the bench led by Chief Justice NV Ramana. Taking note of the emergent situation, the CJI had affirmed to place the matter before an appropriate bench and the matter was thereafter listed before the Full Bench of Justice AM Khanwilkar, Justice BR Gavai and Justice Krishna Murari.

Case Title: Naresh Kumar Sharma v. Paralympic Committee of India and Ors