Delhi High Court Clarifies Order on AIFF Ethics Committee, Denies Interference
The Delhi High Court has explicitly stated that its recent directive to establish a new All India Football Federation (AIFF) ethics and disputes resolution committee should not be interpreted as interference in the federation's internal affairs. This clarification comes in response to concerns raised by the AIFF regarding potential violations of FIFA regulations governing the autonomy of national football bodies.
Background of the Court's Intervention
Earlier this month, the Delhi High Court took action by appointing Justice (retd) Rekha Palli as the chairperson of the ethics panel. This decision was prompted by a petition from Churchill Brothers FC, which sought an independent, neutral, and impartial committee to investigate their conflict-of-interest complaints against Inter Kashi FC and AIFF president Kalyan Chaubey.
In addition to Justice Palli, the court appointed Akshay Makhija as a member of the committee, while retaining retired judge Ashok Tripathi, who previously served as deputy chairperson of the earlier panel, as a member. This ad hoc arrangement was deemed necessary by the court to ensure a fair grievance redressal mechanism.
AIFF's Concerns and Court's Response
The AIFF argued that any judicial order appointing an independent person to the ethics committee would amount to third-party interference, potentially breaching FIFA regulations that protect the autonomy of national football federations. However, the court dismissed this argument, emphasizing that its directions are not an overreach.
"The court directions would not amount to interference in the affairs of the AIFF as this ad hoc arrangement is necessary, keeping in mind the submissions made by the parties," the court stated in its order. "It would also not mean that the court has assumed any malice or mala fide on the part of the respondents. This arrangement is made without prejudice to the rights and contentions made by the parties."
Churchill Brothers' Allegations
Churchill Brothers presented their case before the court, alleging that the previous ethics committee members were appointed without proper eligibility verification. They claimed the committee was "unilaterally constituted by the AIFF president alone, without any scrutiny by the secretariat, any recommendation by the executive committee, or approval by the general body."
In response, the AIFF maintained that the committee had been reconstituted with Justice (Retd.) Shekhar Dhavan, a former judge of the High Court of Punjab and Haryana, recommended for induction, along with Delhi High Court advocate Ayush Jain. These appointments were subject to ratification by the general body. The AIFF also noted that Churchill Brothers could appeal any decision of the ethics panel to the appeals committee, which is chaired by a retired Supreme Court judge.
Court's Rationale for the New Panel
The court, however, found merit in Churchill Brothers' allegations, which raised fundamental concerns about the functioning of the committee and the role of the AIFF president in the process. "Considering that all decisions have to be routed through the president of AIFF, in order to have a fair and effective grievance redressal mechanism, for the limited purpose of adjudicating the complaints by the petitioner and Inter Kashi FC, the court deems it appropriate to appoint Justice Rekha Palli, former judge of this Court, as the chairperson of the ethics and dispute resolution committee," the court order states.
Underlying Conflict Between Clubs
This legal battle is rooted in an acrimonious dispute between Churchill Brothers and Inter Kashi over last season's I-League title. The Goan club has called for the suspension or revocation of the Varanasi-based club's entry in the I-League under the AIFF's Request for Proposal (RFP). As two-time national champions, Churchill Brothers have also flagged potential conflict-of-interest issues concerning Kalyan Chaubey, adding another layer to the controversy.
The Delhi High Court's intervention aims to provide a transparent and impartial platform to resolve these disputes, ensuring that the integrity of Indian football governance is upheld without compromising the autonomy of the AIFF.
