Signing you in

“The respondent shall be permitted to participate in the selection trials for Asian Games 2026, which are scheduled for 30 May and 31 May 2026,” the bench said in its order.

“We are telling about the High Court, it’s rather surprising, without referring to any of the scheme, any of the rules, anything, suddenly says that this policy is exclusionary. This policy was made way back in February 26th. Applied across the board. That’s a little disturbing. Not about your claim, but about the way the High Court has handled. This is not at all the way in which the High Court will entertain and handle a 226 petition. The Constitutional Court must take it very responsibly because these are not standalone medical college admissions or anything like that. These are national and international sports. And all that reason, it give a passage after passage about womanhood and all that, completely irrelevant,” the top court remarked.

Delhi HC order: The division bench of Chief Justice D K Upadhyaya and Justice Tejas Karia said, “It is necessary that (Phogat) is permitted to participate in the Selection Trials in the interest of sport and justice. In view of the peculiar facts and circumstances of this case, it is clear that except for (her) motherhood and the SCN issued by WFI, she would be entitled to participate in the Selection Trials. Therefore, the circumstances were beyond her control… It is deemed appropriate to protect the interest of (Phogat) by permitting her to participate in the Selection Trials.”

Barred by WFI: Phogat, who was on a break from December 2024, it included a maternity break, had been permitted to participate in tournaments from January 1 this year by the international wrestling body. The WFI barred her participation and, in the show cause notice, also accused her of indiscipline, of failing to make the weight at the 2024 Paris Olympics.

Bench: At this stage, High Court having passed the order and hopes and expectations have arisen. To say to tell her to go back home, will not be proper. We are very bold in telling you this. Everything is not legal based, but then we'll have to balance.

Counsel: I represent the other girls who were to take part in the selection process...we are the one who are actually prejudiced...My Lords have passed an order, I will not say anything on that. Just one request, that I have filed the petition, and I was assured that it'll be listed along with this, but it's not. So I'll just give the details.

Bench: We'll put it up on Monday...We'll have to iron out some pieces.

Divan: After I participate, the interim order of the divisioin bench becomes unfructuous. The matter will have to heard by the single judge.

Bench: Had the single judge taken it up at the right time and then passed orders this situation before the division bench would not have arisen.

Bench: We've been seeing it from the time of BCCI and then football. Answers are not in the court. The institutionalization must be stronger, and we must be having a very strong handholding with the participants and then the players as well as the performers that is how to resolve it rather than litigate. It will become shrill. Arguments will be on emotional issues. Then the court will be vulnerable. Court has to be strong on matters like this...We have passed the order. We've asked them to participate. She must participate. After that, we will see. You work it out.

Bench: What we are really concerned about not about her participation or anything at all. We are concerned about the method and manner in which the high court...which lead to disqualification or even rendering the wrestling foundation of India being disqualified. These kind of problems we are seeing in the football cases that we are hearing and monitoring. So that easy and quick interference by the courts is a problem.

Bench passes order: The respondent shall be permitted to participate in the selection trials for Asian Games 2026, which are scheduled for 30 May and 31 May 2026. List on Monday.

Divan: What they did so perversely, they suddenly said no past performance will be taken into account...Women face this problem although there is a natural disadvantage...They say past performance will not be considered

Divan: As a matter of consistent practice, past perform is always taken into considered.

Divan: As far as doping is concerned, in 12 months if you miss three times, I will have opportunities because the period is not over.

Divan: If I am not allowed to participate that would be national embarrasment.

Bench: The approach is completely wrong. That approach is unacceptable. Having said that, today there is a direction that she should be permitted to participate. To that extent of participation, I think it's may not be correct for us to withdraw that part

Divan: I have just became a mother. I am not seeking any relaxation. Allow me to participate...Now I want to show the mala fides that have been played out over here. First and foremost, your Lordships refer to the policy. The policy is at page 40...should I not be allowed to participate subject to outcome? Should I not be allowed that the the learned single judge had put the matter in July, and that 14th deadline is not there.

Bench: You have been an excellent wrestler, and you made the country proud about it. But country first. Country first. In any event it can't be...court will interfere in this manner and disrupt the entire schedules like this.

Bench: We are telling about the High Court, it's rather surprising, without referring to any of the scheme, any of the rules, anything, suddenly says that this policy is exclusionary. This policy was made way back in February 26th. Applied across the board. That's a little disturbing. Not about your claim, but about the way the High Court has handled. This is not at all the way in which the High Court will entertain and handle a 226 petition...The Constitutional Court must take it very responsibly because these are not standalone medical college admissions or anything like that. These are national and international sports. And all that reason, it give a passage after passage about womanhood and all that....completely irrelevant.

Bench: But the way High Court puts it, High Court puts it as if the entire thing is because of the reason. That you had planned it out. You said that, I'm taking a sabbatical for that reason. It is ending in August 25, and then thereafter I am ready for participating. And your participation takes place. But then in that participation, two very serious lapses of not giving your whereabouts for doping test and having missed the first doping test. You know the consequence of missing the first doping test. The three doping tests are missed...the question before the court was the legality and validity of the conditions in the Asian Games which were announced on 25th of February, where one had to participate in four games.

Bench: After that's a little disturbing for the reason that two very important things are to be followed here. One is relating to the doping test that you need to take regularly and also about the whereabouts part of it. We have written to you that on 5th of January you missed the doping test and the whereabouts were not known...then there is an order of ITA on 4th of May 2026 which considered your explanation saying that how you are not available for doping test as well as for whereabouts. You have given an explanation. We have considered that you are saying that, You were busy with the assembly and you had to participate in the assembly and you were traveling. And they have not considered your explanation as satisfactory, and you should thought perhaps you preferred an appeal against that order.

In the meanwhile, this Asian Games schedule has already started in February 2026. Yeah. I'll agree. Right after that February 2026 it has started, and the last date as per that policy itself was 14th of May 26. So this occurred in February 26. Now the writ petition gets filed on 13th of May 26. Two very major things, one is that if you are to participate in the upcoming Asian Games after the sabbatical comes to an end, anyone must be prepared. Anyone must be fully prepared because it's not the individual, it's individuals who are representing the country.

So therefore, to that extent, and you are no ordinary person. What is concerning is that when ITA and then the whereabouts are missed, the consequences are that if it has a logical extension because Indian sports are integrally connected to the world sports. Therefore, if some kind of a disqualification occurs at the world level it will be a reflection on the country. And therefore, this writ petition having been filed in 226, we are very appreciative of your stand. We must tell you out outrightly for the reason that you have not claimed as if this has happened because of pregnancy or anything.

Bench: You are definitely not an ordinary athlete. You know about that. Even two times you have been a world champion medalist and three times Olympic participant. Even country knows that. But 14 December 24 you took a sabbatical saying that in August 2025 you will start. 3rd of June 2025 you informed that the sabbatical ended. And you will commence, and of course, after that, the you became a mother in July 2025. The eligibility, most important part of it, therefore commences with ITA letter writing to you. You know how important ITA letters are. Because earlier when you took a sabbatical, ITA's monitoring will stop. They wrote a letter to you on 3rd July 2025 saying that you will be eligible with effect from 1st of January 2026.

Divan: The trials are tomorrow and day after. I'm not seeking any concession or exemption. I just want to participate.

WFI's counsel:Apart from the consequences, page one, this was not an order dictated in open court. They reserved the matter. And your Lordships are told that it was dictated in court.

A bench of Justices PS Narasimha and Alok Aradhe will shortly hear WFI's plea challenging Delhi High Court's order allowing wrestler Vinesh Phogat to participate in the selection trials for the Asian Games 2026.