New Delhi: There was big relief for wrestler Vinesh Phogat after the Supreme Court allowed allowed her to participate in the selection trials for the Asian Games scheduled to be held on May 30.
The Court, while hearing a petition by the Wrestling Federation of India (WFI), on Friday, refused to stay a Delhi High Court order that had granted Phogat the relief earlier.
The bench of Justice P S Narasimha and Justice Alok Aradhe, however, expressed reservations about the approach adopted by the Delhi High Court in granting relief to the wrestler. Despite those concerns, the bench chose not to interfere with the order at this stage, considering the imminent conduct of the selection trials.
Phogat must be allowed to participate in the trials commencing on May 30, the Court directed. It also issued notice on the WFI’s plea to Phogat, and said that it will examine the issues later, as reported by LiveLaw.
“We are not stopping, you go and participate,” Justice Narasimha said.
“We have some questions,” Justice Narasimha told the wrestler’s counsel, senior advocate Madhavi Diwan, at the very outset of the hearing.
Phogat had taken a sabbatical in December 2024, saying that she will join in August 2025, Justice Narasimha pointed out. In July 2025, she became a mother and informed the WFI that she would be eligible from January 1, 2026.
However, Phogat missed the doping test in January, and the International Testing Agency (ITA) had not accepted her explanation that she had to attend Assembly as an MLA in Haryana, Justice Narasimha added.
While acknowledging the talent and the achievements of Phogat at the world level, he observed that the global norms have to be followed.
“What is concerning when the ITA test is missed, it has a logical consequence, because Indian sports is integrally connected to the world sports. If some kind of disqualification appears at the global level, it reflects on India. You did not give the whereabouts for the doping test and missed the first doping test,” he observed.
Hee was surprised to note the High Court terming the WFI policy “exclusionary” when the terms are applicable across the board. Justice Narasimha also expressed reservations about the High Court approaching the matter as a hardship due to motherhood, when the issue was really about compliance with the ITA norms.
Divan submitted that the matter was linked to her motherhood and pleaded that she be given an opportunity to participate in the trials. Phogat be allowed to participate in the trials, subject to the outcome of the litigation, she requested.
“If I am not allowed to participate, that will be a national embarrassment,” Divan submitted, highlighting that Phogat was a woman who gave birth ten months ago.
“You are an excellent wrestler, you have made the country proud, but it’s the country first. The High Court can’t disrupt the entire schedule,” Justice Narasimha said.
“You have not claimed that this has not happened because of pregnancy… but the High Court puts it as if ….. two serious lapses- not the whereabouts, and missing the doping test. The question before the HC was the legality and validity of the conditions of Asian Games- you had not participated in four games…,” the judge added.
The senior advocate, however, maintained that the issue was linked to her motherhood. She also alleged that there was malice on the part of WFI in changing the policy to consider past-performances. “This was tailor-made to exclude her,” Divan claimed, attributing malice on the part of the authorities.
Despite reiterating reservations about the High Court’s order, Justice Narasimha said that the bench was not inclined to interfere with the relief granted.
“We don’t want to get into an argument as if her pregnancy is the cause of this kind of situation. That approach is unacceptable. Today, there is a direction she must be permitted to participate. To that extent, it may not be correct for us to withdraw that,” Justice Narasimha said, adding that the single bench was not justified in adjourning the matter to July (after which the division bench interfered on Phogat’s appeal).
The WFI counsel urged the bench to stay the High Court’s order. The counsel submitted that the WFI was following the international norms, and there was no targeted exclusion of Phogat.
“There are other mothers too,” the WFI’s counsel said, adding that the circulars were in existence in 2024.
Justice Narasimha however said that at times an equitable approach has to be taken, though not strictly legal. “To tell her to go back would not be proper. Everything is not legal based,” Justice Narasimha said.
