Thread by @barandbench

#SupremeCourt is hearing pleas regarding AIFF's new pending Constitution and the recent ban by FIFA.

SG: The Centre is very concerned about two things. It is disastrous that we have been suspended, and that none of our players can now play internationally. We have to see if India is being sidelined or treated differently. Whether FIFA's policy is proper or improper ...

SG Tushar Mehta: i won't get into at this stage as we are in discussions with them. Responsible officers who participated are also here.

There may be some vested interests who may have played a role, but govt will have to insulate itself from that but not be prevented ...

SG: from doing what it should. What they call third-party interference is not accepted. Second concern which they have was the electoral list. Your lordships can decide subsequently.

SG: In the electoral college, there are 35+1, Sikkim is provisional member.

#FIFA #AIFF #football

SG: Our stand was players have to be part of executive committee that votes. Right now we propose that 25% of elected executive body will be eminent players.

Bench discusses.

SG refers to Baichung Bhutia's IA.

SG: He's legend of the game. Sachin Tendulkar of football. But may have ended up playing for vested interests inevitably. Am not commenting on the contents.

SG: Third is who will comprise the election officers.

SC: There are two Returning Officers?

SG: Yes. There are no objections to the current appointees. FIFA said why people represented by CoA are there, same may be deemed to have been appointed by your lordships to show our ..

SG: bonafides. ROs have to be neutral. Their next is, our draft constitution is not yet ready. As per my understanding...

SC: Correct me if I'm wrong, but it has been submitted to them?

SG: Yes. But bring discussed whether to implement in full or in part.

SC: Is it common ground before everyone that the draft constitution is before us along with the tabulations.

Sr Adv Gopal Sankaranarayan: Yes.
SG: These will go before the newly elected body. Everything will be final to what this court adjudicates.

SC: Tell us 1 thing. The logistics. If we say CoA ceased to function today, then from today till the world cup who will handle?

SG: There is a secretary general already there, chosen by the 35 members. He can function for day to day administration if CoA ceases to exist.

SG: CoA's role is substantially over.

SC: That's why we had appointed Mr Gopal

SG: Yes that's why I'd said he can be amicus. And tell why CoA accepted and rejected some suggestions.

SC: Election is to be held tomorrow?

Sr Adv Gopal S: No. On 28th.

SC: We got the concerns about Nominations being seconded by people who may no longer be part of the bodies. Our priority is tournament should come and remain in India. Can we say hold the nominations afresh?

Sr Adv Gopal S: Girls from Uzbekistan had to return despite our attempts and interventions.

SC: Let's get to the polls. How much time do we have to give for fresh nominations? This is like a cooperative or class monitor election, 36 voters.

SG: May give 2 days.

Sr Adv Menaka Guruswamy: Associations will need time ...

SC: okay.

SG: Kindly see the prayers.
Justice Chandrachud: My court master is very efficient. He mailed me the documents as soon as he for them at night.

SG: CoA can't have any vested right to continue.

SC: We've read.
SG: Nobody is being prejudicially affected. My ld friend has no Objections.

SC: Who else do we need to hear?

Counsel for Baichung Bhutia: Doing so only after your lordships orders in the matter. Have captained India for 7 years, 100+matches. With vested interests, there's no chance for players like me to part of the administration. Not filed this just to be president myself.

Adv: Some of the emails by FIFA, tenor of the messages is shocking. This is not the way they should function. Least they can do is respect this court's majesty. They're using the orders to put a gun on the head of State Associations.

SC: Your arguments are not lost on us.

SC: But how do we end this? And let the tournament to ahead?

Adv: If by old Constitution then those 36 will continue to vote. Has Indian football improved after holding tournaments? As an officer of the Court my answer would be I'd rather have an Indian Team that qualifies on...

Adv: its own right than qualify because of being host and do away with reforms. Want changes at grassroots level, now any kid will say our chances are less.

SC: Those 36 players, we'd noted everyone's views. But you're saying our order has to be complied with even if the tournament isn't held here?

Adv: Yes. So now FIFA is saying elected body not enough.

Sr Adv Gopal S: I'll just start with this. Justice Dave asked me to convey this - CoA have no interest to cling on to the posts.

SC: Please tell him ld SG has not even argued that. We've diversified the structure by including him and players.

Sr Adv Gopal S: FIFA never intervened in past two years when Constitution was not being followed.

This Court has been a parent to all of us.

Sr Adv Gopal S takes Court through chain of events around the time of FIFA banning AIFF.

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Sr Adv Gopal S: had said hold polls. Everyone agreed to the changes here. But unfortunately some went running behind our backs to FIFA saying it's being carried out without recognition. They said they don't know of this third party's efforts.
SC: we got for the point absolutely.

SC: What is the solution? Stated that govt and you [CoA] are on the same page?

Sr Adv Gopal S: No. Sports code says 25% voting for players. FIFA doesn't agree. So do we go by govt or?

SG: We're not adversarial Respondent. I'm sure Justice Dave's ego not that fragile.

Sr Adv Gopal S: No ego issue here.

SC: So what do we do about the tenure?

Sr Adv Gopal S: I'll address that directly. We must not cave in to any pressure, that's our view, we want players to included.

SC: They also want the reforms should go through, no problem with WC not being held here or being suspended?

Sr Adv Gopal S: We've seen what happened with previous tournaments. We've go through these pains for reforms.

SC: so it's about the principle.

SG asks Court to go through electoral college provisions.

Sr Adv Gopal S explains the methodology.

Sr Adv Gopal S: We're at a fairly advanced stage. FIFA need not interfere at the behest of State associations.

Sr Adv Gopal S: Will they regime the suspension? I don't know. We shouldn't consider parameter only because there's gun at head. Mr Bhutia is on screen.

SC: We need not discuss it in open court. You can talk to SG on the sidelines. See if there's a rule for such a distinguished

SC: ... player. He shouldn't feel awkward about aspiring, govt can engage him in a role.

SC: Don't think the issue is lost on us. We're concerned with holding the tournament and having the new constitution.

SG: India cannot be made to buckle like this.

Sr Adv Gopal S: Agree with that submission.

SC: Matter has been bipartisan. We took everybody on board.

SC: But we have to decide what is good the country. It's like saying the cricket World Cup is one fine day cancelled and the players are blamed and we're okay with it.

Sr Adv Gopal speaks of Deloitte's financial audit, says there's prima facie evidence of siphoning.

SC: Thank you for bringing that to our notice. Anything else?

Adv Rahul Mehra: Completely with GoI and my lords, tho i agree this tournament is no good for India in terms of what Mr Bhutia said.

Adv Rahul Mehra: The tone and tenor of their letter ... says we can't adjudicate further. Can we go down this path? There are other federations, all this will impact them. For last 20 yrs I've been servant of GoI, asking them to intervene so that guidelines are protected.

SC discusses.

SC: What are the two options.

Adv Rahul Mehra: Let me place.

Mehra: Vested interest wouldn't step back when they had to, they are the ones who invited all this trouble. This is purely Mr Praful Patel and his 7 people.

#FIFA #AIFF

SG: Forensic audit cannot be taken lightly. Lordships may direct Sports Ministry to initiate criminal proceedings and monitor. This can be placed on record.

Adv Rahul Mehra: Matter of IoA constitution, kindly have it tagged. They got status quo order without filing the SLP even

SC: How can we take over matters not before us and before us other coordinate bench?

SG: Majesty of this Court will not be compromised even at the cost of losing hosting rights. Having said that ... Should some observations here and there prevent us from acting in natl interest?

SC: Give us 5-10 minutes.

SG: Take my statement about criminal contempt on record.

Sr Adv Kapil Sibal appearing Praful Patel: Have nothing to add, agree with the solicitors suggestions. If any Contempt on my part please proceed with criminal case. I brought FIFA WC to India.

Sr Adv Gopal S: And now a suspension for India.

Sibal: Don't say all that.

Order: On 15th of August, 2022, AIFF received a communication from FIFA that it had on 14th decided to ban the AIFF.

Govt of India submitted that India won't be allowed to participate in international competitions till the suspension.

In response to the communication...

Order: from FIFA, the Union government entered discussions. Further meeting took place on 18th August, 2022.

Order: It has been submitted that in pursuance of the order Dated 3rd August, the process of elections has commenced upto the stage of filing nominations. Neutral returning officers are conducting the polls against whom no Association has raised an objection.

Order: Mr SG has submitted that the polls due for 28th may be deferred by 1 week so that fresh Nominations can be filed.
This has been necessitated since the validity of some of the forms seconded by player members would be otherwise excluded from the voter's list.

Order: The Union govt has been in active engagement with FIFA, and was called to find a resolution to the impasse.
Bearing in mind the importance of the u-17 tournament, we pass the following orders:

Order: 1) The election programme, fixed in pursuance of the order dated 3 August 2022, is permitted to be modified by extending the date of the election by a period of 1 week;

2) the voter's list for the ensuing election shall consist of representatives of 36 State association;

Order: 3) The returning officers appointed shall be deemed to be appointed by this Court. Since no objection has been recorded against them by any of the parties arguing this matter,

Counsel intervenes saying 1-2 might have objected.

SC: Don't sit on the fence. We'll hear.

SC: Like Mr Patel you're also trying to torpedo the tournament.
Adv says no objections.

Order continues: ... Including the State bodies;

4) the day to day matters of the AIFF shall be looked into by the admin led by the Secretary General Exclusively;

5) CoA has already submitted the draft Constitution along with the tabulations for implementation. We request Sr Adv Gopal Sankaranarayan to assist us as Amicus Curiae regarding this, with Mr Samar Bansal.

The time schedule for the election shall stand extended by 1 week.

Order: The ROs should refix the modalities from the stage the polls had already reached.

SC: The EC of AIFF shall consist of 23 members (17 including treasurer will be elected by electoral college of 36); (6 members shall be drawn from eminent players)

Justice Chandrachud: I think that covers the entirety of the directions?

Order: The above directions have ...

Order: been issued to facilitate the revocation of the the FIFA suspension and ensure that the prestige of hosting and participating is not affected.

In the event that the above is not taken to its logical conclusion, Court shall pass further orders.

SG: CoA shall cease ?

Sr Adv Gopal S: I think he wants a line in the order.

Bench adds in the user that CoA shall cease to exist after Secratary-Genral takes over.

Order: the Amicus said that is expected that the Forensic audit report will be produced soon. The SG submitted that the govt will proceed in accordance with law.

Sr Adv Gopal S: Have issue about alleged contemnors taking part in polls. Those 7 are taking part.

SG: Have no difficulty. Don't want more litigation.
SC: We can issue notice on the IA? What is the contempt?

Sr Adv Gopal S: Role played by someone removed by this Court to ...

Sr Adv Gopal: talk to State Associations saying FIFA will ban us.

Adv Prashant Bhushan: In the general body, without having players they're planning to hold the polls to that. That can't happen, it is in violation of the sports code.

SC: We'll see after 10th of October.

SC: Let's hear the contempt for 5 minutes?

Sr Adv Gopal S: We won't press it for now, first let the current order go through smoothly. Please mention that CoA played good role, they fear order may cast aspersions.