LawChakra

[Paris Olympics 2024] “We Fought Hard, Vinesh Phogat Didn’t Want to Challenge Sports Court’s Verdict”: Lawyer Harish Salve

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Salve noted that despite their vigorous efforts in the case and offering Phogat the chance to appeal the CAS verdict in the Swiss Court, she chose not to continue. “We fought hard and eventually offered her the option to appeal the arbitration award in the Swiss court. However, according to my impression from the lawyers, she was not interested in pursuing it further,”

Days after Vinesh Phogat accused the Indian Olympic Association (IOA) of inadequate support during her appeal against disqualification from the Paris Olympics, senior lawyer Harish Salve disclosed that Phogat had opted not to contest the Court of Arbitration for Sport (CAS) ruling.

The CAS confirmed the International Olympic Committee’s (IOC) decision to disqualify Phogat and denied her request for a joint silver medal in the women’s 50kg wrestling category.

Vinesh Phogat was disqualified from the final of the women’s freestyle 50kg wrestling event after being found 100 grams over the weight limit on the day of the final. Consequently, she was removed from the competition and placed in last position. Frustrated by this outcome, Phogat appealed to the Court of Arbitration for Sport (CAS), with Harish Salve representing her on behalf of the national Olympic body.

After a week-long hearing, the ruling did not favor Phogat, and she returned from Paris empty-handed. The appeal against her disqualification was submitted to the CAS by French pro bono lawyers.

Additionally, the Indian Olympic Association (IOA) become involved as an affected party, reflecting the broader implications of the case for Indian sports.

Representing Vinesh Phogat in this crucial legal battle is Senior Advocate Harish Salve, a highly respected figure in the legal community. The hearing before the CAS already concluded, and all eyes are now on the upcoming verdict, which could have significant ramifications for the athlete and the broader sporting community.

Understanding the Court of Arbitration for Sport (CAS)

The Court of Arbitration for Sport (CAS) is a distinguished independent institution founded in 1984, dedicated to resolving sports-related disputes through arbitration or mediation. Headquartered in LausanneSwitzerland, CAS also has branches in New York City and Sydney, and establishes temporary courts in Olympic host cities to address any immediate issues that arise during the games.

CAS prides itself on its independence from any sports organization, operating under the administrative and financial oversight of the International Council of Arbitration for Sport (ICAS). It adjudicates legal disputes in the sports domain, issuing arbitral awards that carry the same weight and enforceability as judgments passed by ordinary courts. Furthermore, CAS offers mediation services to facilitate amicable dispute resolutions.

Arbitration panels typically comprise three arbitrators, with each party selecting one arbitrator and the third being appointed by the President of the relevant division. In certain cases, a sole arbitrator may be chosen to handle the matter.

Recently, the Haryana-born wrestler criticized IOA President PT Usha, alleging insufficient support and coordination from the organization. Phogat also expressed frustration with her legal team’s leniency, which she believes cost her the opportunity to win a medal.

In response to her allegations, Salve explained the situation, emphasizing the poor coordination from Phogat’s legal team.

“There was a complete lack of coordination and cohesion initially. This issue arose because the esteemed law firm hired by the Indian Olympic Association was informed by some of the athlete’s lawyers that they would not share any information or provide any cooperation. We received all the necessary details only very late,”

Salve told Media

Salve noted that despite their vigorous efforts in the case and offering Phogat the chance to appeal the CAS verdict in the Swiss Court, she chose not to continue.

“We fought hard and eventually offered her the option to appeal the arbitration award in the Swiss court. However, according to my impression from the lawyers, she was not interested in pursuing it further,”

Salve said.

Following her disqualification from the Games, Phogat announced her retirement from wrestling the next day and recently entered politics by joining the Indian National Congress ahead of the Haryana Assembly Elections.

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