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Arjuna awardee Prasanta Karmakar moves court seeking stay on suspension, Delhi HC issues notice to respondents

ANI | Updated: Sep 30, 2020 21:58 IST

New Delhi [India], September 30 (ANI): Delhi High Court on Wednesday issued notice to all respondents on a petition moved by Prasanta Karmakar, an Arjuna awardee and renowned para-swimmer, seeking an immediate stay on his suspension.
He has challenged his three years suspension pursuant to the disciplinary proceeding conducted against him. He also seeks direction to allow him to take part in swimming-related activities with immediate effect.
The bench of Justice Jyoti Singh on Wednesday sought response from the respondents within a week and slated the matter for further hearing on October 8.
The plea states that Paralympic Committee of India has arbitrarily, unreasonably and capriciously suspended the petitioner with the mala fide intentions from participation and his being sponsored in any Sports events by PCI for a period of three years with effect from January 20, 2018. The petitioner is represented by Senior Advocate Rakesh Arora, Advocate Amit Kumar Sharma and Satyam Singh.
He has also sought a grant of compensation to him for being arbitrarily, capriciously and illegally debarred from the swimming competition for three years by respondent PCI in violation of his fundamental right enshrined under Article 19(1)(g).

According to the petition, the respondent issued a show-cause notice to the petitioner on the pretext of false and baseless charges of recording video of female swimmers during National Para-Swimming Championship held at Jaipur from March 31 to April 3 2017.
The petitioner was called for vide letter dated August 16, 2017, to explain his position qua said complaints and allegations wherein he, vide his reply dated August 28, 2017, and also on dated October 2, 2017, denied the allegations and demanded the copy of documents relied upon by the disciplinary committee of PCI.
The disciplinary committee of PCI did not pay heed to his repeated and benign request to provide him with the copy of documents relied upon by them. There was no observance and adherence to requirements of Principles of Natural Justice and fair play on the part of the disciplinary committee, his advocate said in the petition.
"In the most shocking, obnoxious, arbitrary, unreasonable and capricious manner, the Disciplinary Committee of PCI suspended the petitioner from participation and his being sponsored in any Sports events by PCI for a period of three years w.e.f January 20, 2018, and recommended his employer i.e Haryana Sports department to take disciplinary action against him," the plea read.
Karmakar is an Arjuna Awardee and the Indian Commonwealth and Asian Games Medallist Swimmer and the fastest Para Swimmer in India and the winner in World Championships, World Games, Asian Games and Commonwealth Games.
He has been associated directly with paralympic swimming and has represented India as a swimming team coach for 2016 Rio Paralympic Games and he has been the National Champion in his specific category for the 16 consecutive years. He has achieved several State and national level records. He has represented India at various international competitions as a swimmer from 2003 to 2016.
The plea also states that IWAS, Swimming Competition 2020 will also be a qualifier for the Paralympic Games, which are scheduled to be held in Tokyo from August 24 to September 5, 2021. In order to participate in Tokyo Paralympic Games, Minimum Qualification Standards (MQS) have to be met by the swimmer. If the petitioner is not able to participate in the IWAS World Games, 2020, then the petitioner will not be able to take part in Tokyo Paralympic Games. (ANI)