The Hindu : Sport : Godara’s Trust files review petition

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Godara’s Trust files review petition

Special Correspondent

NEW DELHI: Health Fitness Trust, headed by marathon runner Sunita Godara, has filed a review petition in the Delhi High Court, seeking, among other pleas, fresh orders for the National Anti-Doping Disciplinary Panel to adjudicate in the matter of old doping cases.

By its order dated July 22, 2009, the court had directed that the two sealed envelopes with the court, containing information regarding dope tests conducted from 1991, be placed before the National Anti-Doping Disciplinary Panel.

“It would be open to the panel, if it thinks appropriate, to take any action it deems fit and proper. It will also be open to the petitioner to apply to the panel for taking action against any particular sportsperson. Needless to say that the panel would only take action after giving due opportunity of hearing to the concerned sportsperson,” the court stated in its order.

The review petition seeks modification and clarification in the final order on the case filed in 2000. It seeks clarity in the matter of adjudication of the old doping cases, numbering over 300.

Ambiguity

The petitioner has claimed that in its interaction with the panel office, it was noted that there was ambiguity about what the panel was supposed to do with the information contained in the two sealed covers.

The petitioner has also sought transfer of all related documents from the court to the panel in order to provide it with a detailed perspective of the doping scenario in the country.

The petition states that the panel would need directions from the court or the National Anti-Doping Agency (NADA) to adjudicate on the matter of old doping charges since it was not in a position to initiate action on its own.

It may be noted that the World Anti Doping Agency (WADA) Code puts a limitation to the proceedings that can be launched against anti-doping rule violations of the past.

The ‘statute of limitations’ clause in the Code states: “No action may be commenced against an athlete or other person for an anti-doping rule violation contained in the Code unless such action is commenced within eight years from the date the violation is asserted to have occurred.”

The petition contends, however: “The aspect of limitation was already clarified in our rejoinder synopsis of 1 July 2009. Briefly, there was no limitation till 2003 and thereafter it is eight years plus the period the case has been with any court. Limitation is fully satisfied in this WP matter.”

It may also be noted that the anti-disciplinary panel is bound by the rules of the NADA and the Code.

Also, as per the Code, samples can only be analysed at WADA-accredited laboratories or as otherwise approved by WADA. The National Dope Testing Laboratory (NDTL) in New Delhi was granted WADA accreditation only in September 2008.

Though it was not accredited till then, the laboratory (previously known as Dope Control Centre) carried out tests and the Indian Olympic Association (IOA) as well as the National federations relied on those tests to initiate disciplinary action against the athletes.

Of the initial 257 ‘positive’ cases reported from 1991 to 2000, the Sports Authority of India submitted to the court in 2001 that it could decode only around 60 per cent of the bottle numbers. The others were left to the IOA to pursue with the concerned National federations.

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