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The Delhi High Court has rejected a plea by Arjuna awardee para-swimmer Prasanta Karmakar, challenging his suspension on charges of recording videos of female swimmers during the 2017 National Swimming Championships in Jaipur.
Karmakar, who has won gold medals from the Commonwealth and Asian Games, was suspended in February 2018 for three years from participating in any sports event organised by the Paralympic Committee.
Justice Subramonium Prasad upheld the suspension, saying that Karmakar, serving as the coach of the swimming team, faced complaints about inappropriate videos and photographs of female swimmers taken by him and his associate.
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The court noted that Karmakar displayed rude behaviour towards individuals present in the stadium, including alleged abuse directed at the Chairman and officials of the Paralympic Committee of India.
“The decision taken by the Disciplinary Committee of Respondent No.1 (Paralympic Committee of India) cannot be said to be unfair or unreasonable warranting interference under Article 226 of the Constitution of India,” the court held.
Addressing the argument that the General Code of Conduct should apply solely to athletes and not coaches, Justice Prasad stressed that the Code of Conduct is applicable to both athletes and coaches alike.
“Any such interpretation which would go against the very purpose of providing a Code of Conduct cannot be permissible.”
The court clarified that the term “athlete” in Clause 19.1.6 of the Rules includes coaches and support staff, saying that all individuals involved in para sports must adhere to the Code of Conduct.
Any alternative interpretation, the court warned, would contradict the spirit of the Bye-laws.
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