JUDGMENT

BY THE COURT.

CM No.8790/2012 in W.P.(C) No. 195/2010.

1. The petitioner in this Public Interest Litigation (PIL) seeking redressal of the maladies afflicting with the various National Sports Federations inter alia by enforcement of the Comprehensive National Sports Policy 2007 and the Revised Guidelines dated 14th August, 2001, establishment of a Sports Regulatory Authority limiting the tenure of the office bearers, providing for representation of prominent sports persons of outstanding merit in the National Sports Federations etc., has filed this application inter alia to restrain Mr. Suresh Kalmadi from attending the London Olympics Games Village - 2012 during hosting of the Olympics Games from 26th July, 2012 to 13th August, 2012.

2. Notice of the application was issued to the Union of India (UOI), Indian Olympic Association (IOA) and Mr. Kalmadi. Having regard to the urgency in the matter, the counsels for the said respondents agreed to file replies within three days. A statement was made by the counsel for Mr. Kalmadi that Mr. Kalmadi has booked his ticket for going to London for 26th July, 2012. The matter was accordingly fixed for hearing on 24th July, 2012. Replies to the application have been filed on behalf of IOA and Mr. Kalmadi. UOI though has not filed any reply but its counsel has handed over in the Court a copy of the letter dated 13th July, 2012 of the Ministry of Youth Affairs & Sports, Government of India to the Secretary General, IOA as under:

"This is in the context of reports about the visit of Shri Suresh Kalmadi to London for purpose of witnessing London Olympics 2012.

2. Taking into consideration the serious charges leveled against Shri Kalmadi in the matters relating to conduct of the Commonwealth Games 2010 and that the court is still seized of the matter, the Ministry requests that the Indian Olympic Association, on ethical grounds should not facilitate or sponsor the visit of Shri Kalmadi to London in any manner including air travel, lodging & boarding in London and giving tickets for witnessing the opening and closing ceremonies and sport competitions of the London Olympics 2012.

3. The IOA should also take up this issue with the IOC and the IAAF particularly in the light of the fact that visit of Sh. Suresh Kalmadi to London Olympics, before corruption charges against him are cleared by the court, would defy the 'Fundamental Principles of Olympism' as enshrined in the Olympic Charter".

The petitioner/ applicant appearing in person, the counsel for the IOA and the senior counsel for Mr. Kalmadi have been heard.

3. The petitioner's application pleads:

(a). that the International Olympic Committee (IOC) is the supreme authority of the Olympic Movement worldwide and acts as a catalyst for collaboration between all parties of the Olympic family consisting of National Olympic Committees, the International Sports Federations, the athletes and the Organizing Committees for the Olympic Games;

(b). One of the main roles of IOC as per the Olympic Charter is to encourage and support the promotion of ethics in sports as well as education of youth through sport;

(c). Mr. Kalmadi who is the President of IOA has been charge sheeted by the Central Bureau of Investigation (CBI) in criminal cases involving widespread corruption; he is the main accused in the case pertaining to cheating, conspiracy and corruption in awarding the games relating contract to a Swiss firm and thereby causing loss to the Public Exchequer to the tune of about Rs.95 crores; Enforcement Directorate has also filed a complaint against him of financial irregularities in the nature of foreign exchange contraventions to the tune of about Rs.8 crores in the conduct of Queen's Baton Relay held in 2009 in London;

(d). Mr. Kalmadi was arrested and after more than nine months in Jail was released on bail on the condition that he shall not leave the country without the prior permission of the Court;

(e). on his application, he has howev