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2022 Supreme(SC) 1564

SUPREME COURT OF INDIA
D.Y. Chandrachud, Surya Kant, A.S. Bopanna, JJ.
All India Football Federation – Appellant
Versus
Rahul Mehra & Ors. – Respondents
Special Leave to Appeal (C) No(s).30748-30749 of 2017
Decided On : 21-07-2022

Advocates appeared:
Mr. Premtosh Mishra, Advocate, Mr. Deblamya C. Bannerjee, Advocate, Mr. Rohan Sharma, Advocate, Mr. Kartik Bhatnagar, Advocate, Mr. Anmol, Advocate, Mr. Nicholas Choudhury, Advocate, Mr. Shreesh Chadha, Advocate, M/S. Karanjawala & Co., Advocate, For the Appellant / Mr. Sanjay Jain, ASG, Mr. Apoorva Kurup, Advocate, Mr. Arkaj Kumar, Advocate, Mr. Padmesh Mishra, Advocate, Mr. Nishant Tripathi, Advocate, Ms. Swarupama Chaturvedi, Advocate, Mr. Kanu Agrawal, Advocate, Mr. Amrish Kumar, Advocate, Mr. Rahul Mehra, in person Mr. Chaitanya Gosain, Advocate, Mr. Amanpreet Singh, Advocate, Mr. Hemant Phalpher, Advocate, Mr. Nar Hari Singh, Advocate, Mr. M. Tabish Zia, Advocate, Mr. Anshuman Amresh, Advocate, Mr. Gaurav kumar, Advocate, Mr. Manvendra Singh, Advocate, Mr. Shuvodeep Roy, Advocate, Mr. Gopal Sankaranarayanan, Sr. Advocate, Mr. Samar Bansal, Advocate, Mr. Nagarkatti Kartik Uday, Advocate, Mr. Madhav Gupta, Advocate, Mr. Vedant Kapur, Advocate, Ms. Jhanvi Dubey, Advocate, Mr. Siddharth Nath, Advocate, Mr. Prashant Bhushaan, Advocate, Mr. Harsaavarhar Kotla, Advocate, Mr. Kshitij Maheshwari, Advocate, Mr. N. Sai Vinod, Advocate, Mr. Harish Salve, Sr. Advocate, Mr. K V Vishwanathan, Sr. Advocate, Mr. Ritin Rai, Sr. Advocate, Mr. Sanjeev Kapoor, Advocate, Mr. Sahil Narang, Advocate, Mr. Dhritiman Roy, Advocate, Mr. Madhavam Sharma, Advocate, Mr. Ayushman Kacker, Advocate, M/s Khaitan & Co., Advocate, Dr. Menaka Guruswamy, Sr. Advocate, Mr. Yash S. Vijay, Advocate, Mr. Prateek K. Chadha, Advocate, Ms. Ayushi Rajput, Advocate, Ms. Radhika Dhanotia, Advocate, Mr. Utkarsh Pratap, Advocate, For the Respondent.

The central legal point established in the judgment is the importance of compliance with the National Sports Code, expeditious consideration of objections, and addressing concerns raised by relevant government authorities and international bodies like FIFA-AFC.

Headnote:

Constitution - Committee of Administrators - National Sports Code - ISL Contract - FIFA-AFC - AIFF Elections - Special Leave Petitions - [No Acts and Sections Referenced]

Fact of the Case:

The case involves the finalization of the Constitution by the Committee of Administrators (CoA) in compliance with the National Sports Code, objections raised by various stakeholders including State Associations and FIFA-AFC, and the pre-existing contract of Football Sports Development Limited (FSDL) for conducting ISL. The Court also considers the need for expedited AIFF elections in light of FIFA's expectations for a democratically elected body.

Finding of the Court:

The Court directs the expeditious consideration of objections to the draft Constitution, requires stakeholders to prepare brief submissions, and emphasizes the need to address concerns expressed by the Union Ministry. The CoA is also directed to meet with relevant government officials to ensure the draft Constitution addresses the concerns raised.

Issues: Finalization of the Constitution by the CoA, objections from stakeholders, pre-existing contractual engagements of FSDL, and the need for expedited AIFF elections.

Ratio Decidendi: The Court emphasizes the need for compliance with the National Sports Code, expeditious consideration of objections, and addressing concerns raised by relevant government authorities and international bodies like FIFA-AFC.

Final Decision: The Special Leave Petitions are listed for further consideration on 28 July 2022.

ORDER

1. We have heard Mr Sanjay Jain, Additional Solicitor General, Mr Gopal Sankaranarayanan, Senior Counsel for the Committee of Administrators[1], Mr Harish Salve and Mr K V Vishwanathan, Senior Counsel for Football Sports Development Limited[2] (applicant in IA No 98733 of 2022), Mr Rahul Mehra, who is the petitioner in person before the High Court and Dr Menaka Guruswamy, Senior Counsel for the State Associations and .

[1] "CoA"

[2] "FSDL"

2. In pursuance of the previous order of this Court dated 18 May 2022, the CoA has submitted its final report, together with a tabulated statement on 15 July 2022.

3. Mr Gopal Sankaranarayanan submitted that the CoA received nearly 215 comments from objectors, including the State Associations and FIFA-AFC. It has been stated that nearly 98% of the objections have been accepted. Moreover, it has been stated that a delegation of FIFA visited India, following upon its emails dated 25 May 2022 and 3 June 2022, and the CoA has made all efforts to ensure that the concerns of the international body are duly taken care of to obviate any point of friction.

4. In terms of the way forward which was indicated in the earlier order of this Court, the next stage would be for the Court to hear the objections and finalize the Constitution. At this stage, we may note the concerns which have been expressed by Dr Menaka Guruswamy that the CoA, while finalizing the Constitution, has travelled beyond the remit of the National Sports Code. This is an objection which will be considered by the Court when the submissions will be heard on the next date of hearing.

5. Mr Harish Salve and Mr K V Vishwanathan submit that FSDL whom they represent have a pre-existing contract for conducting ISL since 2010 and the contract is to run until 2025 with a further provision for extension.

6. The Court would give a hearing to FSDL on whether Constitution, as proposed, duly takes account of pre-existing contractual engagements, including the modalities for the future.

7. Mr Sanjay Jain has been assisted in the course of the hearing by Mr Siddhartha Singh Longjam, Joint Secretary in the Union Ministry of Youth Affairs and Sports, who has also made a presentation before the Court. We appreciate the presentation by the Joint Secretary.

8. The Court has been apprised by Mr Jain and the Joint Secretary of the fact that, in 2017, the Men's Under-17 World Cup was hosted by India. On 11 October 2022, the FIFA Under-17 Women's World Cup 2022 is due to commence and will be hosted by India. It has been indicated to the Court that the expectation of FIFA is that the inauguration of the Under-17 World Cup should be carried out under the aegis of a democratically elected body of AIFF. The joint delegation of FIFA- AFC conveyed during the visit in June 2022 that a democratically elected body should be in position in September 2022.

9. We endorse the need to expedite the elections.

10. Having regard to the legitimate concerns which have been expressed by the Union Government, we direct that the objections which have been preferred to the draft Constitution as proposed by the CoA will be considered expeditiously by this Court. For that purpose, the stake holders concerned shall each prepare a brief note of their submissions not exceeding two pages and circulate them to the counsel appearing on behalf of the CoA by 25 July 2022. The note of submissions shall be compiled by counsel appearing on behalf of the CoA and shall be circulated to the Court Master for being placed before the Bench to facilitate an expeditious disposal on the next date of listing. The parties shall also share their notes of submissions to avoid any overlapping of suggestions.

11. Before the next date of listing, the CoA would be at liberty to meet Mr Sanjay Jain and Mr Siddhartha Singh Longjam so that the concerns which are expressed by the Union Ministry are duly taken care of in the draft Constitution, as proposed.

12. List the Special Leave Petitions on 28 July 2022, on the top of

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