Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1707

SUPREME COURT OF INDIA
Dr. D.Y. Chandrachud, CJI., Hima Kohli, J.B. Pardiwala, JJ.
All India Football Federation – Appellant
Versus
Rahul Mehra & Ors. – Respondents
Petition(s) for Special Leave to Appeal (C) No(s). 30748-30749 of 2017 (Arising Out of Impugned Final Judgment and Order Dated 31-10-2017 in CM No. 19815 of 2012 and CM No. 46919 of 2016 Passed by the High Court of Delhi at New Delhi)
Decided On : 09-11-2022

Advocates appeared:
Mr. Gopal Sankaranarayanan, Sr. Advocate, (A.C.), Mr. Nagarkatti Kartik Uday, Advocate, Mr. Raju Ramachandran, Sr. Advocate, Mr. Arijit Mazumdar, Advocate, Mr. Shambo Nandy , Advocate, For the Appellant / Mr. Tushar Mehta, SG, Mr. Sanjay Jain, ASG, Mr. Balbir Singh, ASG, Ms. Swarupama Chaturvedi, Advocate, Mr. Rajat Nair, Advocate, Mr. Kanu Agrawal, Advocate, Mr. Apoorv Kurup, Advocate, Mr. Amrish Kumar, Advocate, Mr. Rahul Mehra, in person, Mr. Chaitanya Gosain, Advocate, Mr. Anand Thumbayil, Advocate, Mr. Himant Phalpher, Advocate, Mr. Nar Hari Singh, Advocate, Mr. Shuvodeep Roy, Advocate, Mr. Kotla Harshavardhan, Advocate, Mr. Kshitij Maheshwari, Advocate, Mr. Raghav Kohli, Advocate, Mr. N. Sai Vinod, Advocate, Mr. K.V. Vishwanathan, Sr. Advocate, Mr. Sahil Narang, Advocate, Mr. Dhritiman Roy, Advocate, Mr. Madhavam Sharma, Advocate, Mr. Ayushman Kacker, Advocate, Ms. Samriddhi Shukla, Advocate, M/s Khaitan & Co., Advocate, Dr. Menaka Guruswamy, Sr. Advocate, Mr. Prateek K. Chadha, Advocate, Mr. Yash S. Vijay, Advocate, Mr. Utkarsh Pratap, Advocate, Mr. Vrishank Singhania, Advocate, Ms. Radhika Dhanotia, Advocate, Ms. Radhika Dhanotia, Advocate, Mr. K.R. Sasiprabhu, Advocate, Mr. Raghenth Basant, Advocate, Mr. M.F. Philip, Advocate, Ms. Purnima Krishna, Advocate, Mr. Nagarkatti Kartik Uday, Advocate, Mr. Ashok Panigrahi, Advocate, Mr. Nakul Dewan, Sr. Advocate, Mr. Divyanshu Rai, Advocate, Ms. Neelu Mohan, Advocate, Mr. Rohan Naik, Advocate, For the Respondent.

Procedural fairness and efficient conduct of proceedings

Headnote:
Procedural Directions - AIFF - The court issued procedural directions regarding objections to the draft Constitution of the All India Football Federation and the report of the forensic auditor. It also entrusted the conduct of the contempt petition to the Amicus Curiae.
Fact of the Case:

The court heard counsel for contesting parties and issued procedural directions regarding objections to the draft Constitution of AIFF and the report of the forensic auditor. It also entrusted the conduct of the contempt petition to the Amicus Curiae.
Finding of the Court:

The court found it fair to entrust the conduct of the contempt petition to the Amicus Curiae and scheduled further hearings for the proceedings.
Issues: Procedural directions, objections to draft Constitution, contempt petition
Ratio Decidendi: The court decided to tabulate objections to the draft Constitution and circulate the forensic auditor's report to the Bench. It also entrusted the conduct of the contempt petition to the Amicus Curiae.
Final Decision: The court issued procedural directions and scheduled further hearings for the proceedings, while also dispensing with the personal presence of the contemnors for the time being.

ORDER

1. Having heard the counsel appearing on behalf of the contesting parties, we issue the following procedural directions:

(i) Objections have been received to the draft Constitution of the All India Football Federation[1]. The Amicus Curiae is requested to tabulate the objections in respect of the clauses of the draft Constitution so that the Constitution can be finalized after hearing all parties, including the objectors; and

(ii) The report of the forensic auditor, which was conducted by M/s Deloitte, has been received. A copy of the report shall be circulated to the Bench before the next date of hearing.

[1] AIFF

2. Mr Raju Ramachandran, senior counsel appearing on behalf of AIFF, has stated that since the contempt petition implicates four of the existing members of the Executive Committee of AIFF, it would be appropriate if the conduct of the contempt petition is entrusted to the Amicus Curiae.

3. This suggestion is fair. Further hearings of these proceedings shall take place on 23 November 2022.

4. Any party desirous of lodging any further objections to the draft Constitution may do so by tendering their suggestions to the amicus curiae by 11 November 2022.

Contempt Petition (Civil) Diary No(s). 24767/2022

1. Issue notice, returnable on 23 November 2022.

2. Personal presence of the contemnors is presently dispensed with.

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