NEW DELHI: Greco-Roman wrestler Deepak (67kg) has received a reprieve from the Delhi high court , with Justice Amit Mahajan directing authorities to consider his name for the contingent and grant permissible relief as per extant policy within three working days. The court made it clear that it had not gone into the merits of Deepak’s case and passed the order solely on his averments since the defence counsel informed the petitioner was not provisionally suspended.
Deepak, selected in the Indian wrestling contingent, was dropped after an adverse analytical finding (AAF) for clomifene, a specified substance. The National Anti-Doping Agency (NADA) tested him on May 31 during selection trials in Lucknow. He did not opt for a provisional suspension and is contesting the AAF since he has the Games' accreditation, visa and tickets booked.
The sports ministry, in a letter on Wednesday, said NADA is the competent authority to determine his anti-doping status and eligibility. It said the matter had not attained finality and Deepak could seek an expedited hearing under Article 8.1.2.4 of the National Anti-Doping Rules. The ministry said it would reconsider his inclusion if NADA clears him as eligible.
Deepak’s lawyer Saurabh Mishra said: “Our core contention is based on the landmark 2022 CAS Kamila Valieva precedent. In that case, CAS refused to enforce a provisional suspension, ruling that barring an athlete from a non-recurring pinnacle event based on an unadjudicated claim inflicts irreparable harm per se to a finite career, a permanent injury no subsequent acquittal can remedy. We trust NADA will honour its own rules, respect the finite nature of an athlete's career, and act swiftly within this critical window to restore Deepak to the mat.”
For his defence, Deepak has sought the laboratory documentation package from NADA. With Deepak's bout scheduled for Sept 30, eyes are on how soon NADA arranges the hearing and delivers its decision.
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