In a major relief to the fencers in Sabre Men and Women Teams who were in limbo over their fate in participating in the 37th National Games at Goa starting from October 26, the Jammu Court have vacated the stay and authorised the convenor Ad-hoc Committee, Jammu and Kashmir Fencing Association to take the team for participation in the prestigious event.
Notably, J&K Amateur Fencing Association had moved to the court seeking stay on selection trials prior to the National Games participation pleading that the team already selected in the Senior National Championship must be cleared for the event, which was objected by the Convenor Ad-hoc committee pitching high for trials for free and fair selection of team.
The J&K Amateur Fencing Association however, had made Fencing Association of India (FAI), Indian Olympic Association (IOA), Goa State Olympic Association (GSOA) and Convenor ad-hoc committee as party.
After hearing the lawyers, the Jammu Court in a significant order, the First Additional District Judge, Jammu Virinder Singh Bhou has modified the interim injunction order dated October 13, 2023 by directing that the Convenor, Adhoc Committee, J&K Fencing Association shall take the team of fencers for participation in the 37th National Games at Goa.
The team was selected by the committee framed by J&K Sports Council after conducting two-day trials on October 19-20 at Fencing Hall, Maulana Azad Stadium, Jammu.
The Court further observed that there shall be no clout on the status of the plaintiff Association till the matter is not finally heard and disposed of and this direction is limited only for facilitating the participation of players in the upcoming event.
The directions were passed in a civil suit and an application for Interim Relief/Temporary Injunction filed by J&K Amateur Fencing Association through its General Secretary Bhanu Vijay Sharma wherein after hearing Advocate Ajay Vaid, the court had issued a temporary injunction on October 13, 2023 whereby operation of Notice No.FAI/2023-24/121-128 dated October 3, 2023 issued by Fencing Association of India was stayed and the Fencing Association of India, Indian Olympic Association, Goa State Olympic Association and Convenor of Adhoc Committee of J&K Fencing Association were directed to allow the Fencing Team of the UT of J&K selected by the J&K Amateur Fencing Association to participate in the forthcoming 37th National Games being held at Goa and subsequent National Tournaments of Fencing till the next date of hearing.
Against the order, the Fencing Association of India and Convenor, Adhoc Committee, J&K Fencing Association on October 20, 2023 filed an application through Advocate Supriya Chouhan for early hearing and preponement of the matter which was fixed for October 28, 2023 and notice was issued to Advocate Ajay Vaid and looking into the urgency involved in the matter, the matter was heard at length on October 21.
Advocate Supriya Chouhan with Advocate Hemant Phalpher appearing for FAI and Convenor, Adhoc Committee, J&K Fencing Association, strenuously argued that since the event of 37th National Games are to be held at Goa w.e.f. October 26, 2023 to November 9 and the teams i.e. J&K Fencing Sabre Men and Women Team selected by State Sports Council, Jammu pursuant to the trials conducted on October 19 and 20 on account of receiving communications from higher authorities and complaints from both the national and international fencing players regarding absence of team game trials/selection trials by the J&K Amateur Fencing Association prior to the event.
Advocate Supriya Chouhan further submitted that since trials have been concluded and four players namely Rishika Khajuria (Women Sabre), Vishal Thapar (Men Sabre), Riya Bakshi (Women Foil), Jasdev Singh (Men Epee) have qualified in their individual events and for the Team Events (Men and Women) in the trials conducted by the Sports Council, four male players namely Vishal Thapar, Javed Ahmed, Amit Chib and Suryansh Sharma and four female players namely Kritarthi Kotwal, Rishika Khajuria, Shreya Gupta and Chhavi Sharma have also qualified.
Advocate Supriya Chouhan appearing for Fencing Association of India and Convener, Adhoc Committee, J&K Fencing Association further submitted that it is only the Convenor, Adhoc Committee, J&K Fencing Association who has been authorized by the Fencing Association of India to send team for their participation in the 37th National Games to be held at Goa and J&K Amateur Fencing Association has no right to take the team because Fencing Association of India would recognize the only team properly sent through the Adhoc Committee and accreditation shall be given by Indian Olympic Association through Fencing Association of India only and in case, the team is taken by the J&K Amateur Fencing Association in that eventuality, no accreditation shall be given by the Indian Olympic Association and team would not participate in the 37th National Games at Goa which would cause irreparable loss to the UT as well as to the participating players.
On the other hand, Advocate Ajay Vaid while rebutting the submissions of Advocate Supriya Chouhan submitted that Convenor, Adhoc Committee, J&K Fencing Association has no authority to take the team because Election of the Association has been held and duly elected committee has been constituted and it is only the J&K Amateur Fencing Association which is legally competent to take the team or at the most, the team can be taken by Sports Council or J&K Olympic Association.
However, after hearing and considering heated arguments from both the sides, the First Additional District Judge, Jammu Virinder Singh Bhou observed that the Court deems it proper to dispose of the application for temporary injunction and in order to protect the rights and interests of the participating players, the order dated October 13, 2023 is modified only to the limited extent that the Convener, Adhoc Committee, J&K Fencing Association shall take the team in the 37th National Games at Goa selected by Sports Council pursuant to Circular No.SOJ/4390-94 dated October 16, 2023.
With these observations and directions, the court disposed of the application for temporary injunction.
