Weightlifter Pratima Kumari, who tested positive for drugs at the Athens Olympics, challenged the life ban imposed on her by the Indian Olympic Association in the Delhi high court and claimed damages of Rs five crore for being put through mental agony and embarrassment because of it.
The petition, likely to be listed for hearing on Friday, has sought the court's direction to restrain the IOA, Weightlifting Federation of India (WFI) and Ministry of Youth Affairs and Sports from prohibiting her from participating in any national or international event.
Contending that the life ban imposed on the three weightlifters -- Pratima, Sanamacha Chanu and S Sunaina -- on the basis of the report of a two-member committee, comprising K P Singh Deo and Manmohan Singh, was illegal, the writ petition, filed through counsel Sushil Salwan, said it is against the rules and regulation of the WFI.
"As per the rules, IOA does not have powers to impose any ban on an athlete/participant from competing in any sport. In so far as all international events are concerned, the ban can be imposed by the international federation concerned. Needless to say, no ban can be imposed unless and until such a rule exists in the Constitution and Rules and Regulations of the national federation," Salwan contended.
Pratima has sought production of all documents pertaining to the training and medical treatment given to her and other banned weightlifters between June 2004 and August 16, 2004 as well as the inquiry report of the two-member committee.
The counsel also prayed for calling the documents relating to recently-conducted in-house inquiry by the Sports Authority of India (SAI) to probe into the procedure and tests carried by the doping testing centre in New Delhi on various persons before the Athens Olympics.
"There has been a total violation of the World Anti Doping Code by IOA and WFI as well as their own rules and regulation in imposing a life ban on Pratima as well as two other wieghtlifters," the petition said.
It said she is entitled to make a representation to the International Weightlifting Federation and then appeal before the arbitration panel of the International Olympic Committee.
Questioning the dope investigation by the SAI, Pratima claimed that she has been able to ascertain from medical experts that the prohibited substance found in her urine sample was not a correct finding and open to challenge.
Pratima, who tested positive for testosterone, has also named banned national coach Pal Singh Sandhu, Russian coach Leonid Taranenko and M K Mishra, Chief Executive Officer, Dope Control Centre, SAI, as respondents in the writ.
Contending that the IOA is not the sanctioning authority under the World Anti Doping Code, the weightlifter said there was total breach of principles of natural justice as neither a proper probe was carried out by the IOA, WFI and government nor her grievances have been given any credence to ascertain the role of SAI, CEO of DCC, Sandhu and Taranenko.
She alleged that she is a victim of conspiracy as well as negligence on part of various sports bodies and coaches.
Claiming damages of Rs five crore, Pratima, in her petition, said she had undergone physical and mental agony as well as embarrassment and humiliation on account of acts and omission of the respondents.
