The Delhi High Court Wednesday restrained sacked Commonwealth Games
Organising Committee chief Suresh Kalmadi from attending the July 27
opening ceremony of the London Olympics. However, the court allowed him
to visit London.
The court restrained Kalmadi from attending the
ceremony saying his presence would give the impression that he was
representing India and that would be "contrary to national interest".
A
division bench of Acting Chief Justice A.K. Sikri and Justice Rajiv
Sahai Endlaw said: "We are not allowing him to attend the opening
ceremony."
The court directed Kalmadi not to leave the country
till July 27, the day of the opening ceremony in London, and left it to
the discretion of the International Association of Athletics Federations
(IAAF) to take a decision on the participation of Kalmadi in its
meeting.
IAAF is an international body where Kalmadi intends to participate in his individual capacity as president of Asian Athlets Association, another international body, as its asian representative, the bench said.
The court also directed Kalmadi to be bound by his statement and not attend the games in his official capacity.
Kalmadi is out on bail in a corruption case linked to the 2010 Commonwealth Games in Delhi.
Rahul
Mehra, an advocate, had filed a public interest litigation (PIL)
seeking direction to restrain Kalmadi from visiting London.
He
has said Kalmadi was going to attend the games at public expense and in
violation of the International Olympic Committee (IOC) code of ethics.
"Having
regard to the fact that Kalmadi was associated with International
Olympic Committee for quite sometime, his presence in the ensuing
Olympic Games, particularly at the opening ceremony be viewed by one and
all concerned as representing India and would be contrary to national
interest. Therefore, we are not allowing him to attend the opening
ceremony," the court ordered.
The court was of the opinion that participation of Kalmadi in the IAAF council meetings was not purely an individual affair.
The
bench opined: "When we examine the matter from national point of view,
we find that participation of Kalmadi in the council meetings of IAAF,
which is one of the limbs of IOC, is not purely an individual affair."
The
court cited the Supreme Court order and observed that issue of national
interest was the prime concern, the importance of which could not be
undermined.
"In this backdrop, in order to strike balance
between two competing situations, we feel that while permitting Kalmadi
to go to London and attend council meeting of IAAF, it is also extremely
important that the IOC and IAAF are made aware of the events that are
taking place in this country."
The court, while allowing Kalmadi
to attend the meetings of IAAF, put some conditions on his visit and
left it to IAAF to decide on his participation.
"Since these have
been duly mentioned and recorded by us in this order, it would be
appropriate if the copy of this order is shown to IOC and IAAF and it is
left to the discretion of the IAAF whether it would like to allow
Kalmadi to participate in the council meetings of IAAF," the court said.
"We
leave it to the discretion of the IAAF to take decision as to whether
Kalmadi is entitled to participate in its council meetings," order said.
The court also directed Kalmadi not to attend the games in his official capacity.
"Kalmadi shall, however, be bound by his statement not to attend any of the Olympic events in any official capacity."
The
bench in its order also said that the Indian Olympic Association (IOA),
within 24 hours, inform the IAAF about the order of the high court
along with the copy of this order. It also asked IOA to send a copy of
the court's order to IOC.
Court allows Kalmadi's London visit
