Delhi High Court rejects AIFF's third party interference argument

Churchill Brothers & Inter Kashi locked in a legal battle over last season’s I-League title

The matter between Churchill Brothers and Inter Kashi FC regarding last season’s I-League title (now IFL) has seen a new development.

According to reports in The Times of India (TOI), the Delhi High Court, recently, in their order constituting a new All-India Football Federation (AIFF) ethics and disputes resolution committee, said that it cannot be considered as a third-party interference into the affairs of the federation.

Recently, the All-India Football Federation (AIFF) said that any judicial order appointing an independent person to the ethics and disputes committee would mean a third-party involvement within the internal administration of AIFF, which would directly be a violation of FIFA regulations governing the autonomy of national football federations, which may result in a suspension or a ban by FIFA.

“Ad hoc arrangement necessary”, says Delhi HC

The court, replying to the argument put in by AIFF, took a different view, saying that this ad hoc arrangement is necessary.

“The court directions would not amount to interference in the affairs of the AIFF as this ad hoc arrangement is necessary, keeping in mind the submissions made by the parties,” the Delhi HC replied in its recent order.

Earlier this month, the Delhi HC appointed Justice Rekha Palli as the chairperson of the ethics panel, while Akshay Makhija and Ashok Tripathi were appointed as members after Churchill Brothers demanded for an independent and impartial committee to look into their matter of conflict-of-interest complaints against Kalyan Chaubey and Inter Kashi FC.

“It would also not mean that the court has assumed any malice or mala fide,” the Delhi HC clarified

However, the Delhi HC further clarified that its directions should not be interpreted as an indication of wrongdoing or bad faith on the part of the respondents.

The court noted that the temporary arrangement has been made solely to ensure a fair and transparent process, without affecting the legal rights, claims, or arguments of any party involved in the matter.

“It would also not mean that the court has assumed any malice or mala fide on the part of the respondents. This arrangement is made without prejudice to the rights and contentions made by the parties.”

Churchill Brothers also submitted before the court that the ethics committee members without any eligibility verification and had been only constructed by the AIFF president Kalyan Chaubey himself.

AIFF, on its part, stated that the ethics committee had already been reconstituted, with Justice (Retd.) Shekhar Dhavan, former judge of the Punjab and Haryana High Court, recommended for induction alongside Delhi High Court advocate Ayush Jain.

The Delhi High Court, however, observed that the concerns raised by Churchill Brothers went beyond the immediate dispute and touched upon fundamental questions surrounding the functioning and independence of the committee, as well as the role played by the AIFF president in the overall process.

“Considering that all decisions have to be routed through the president of AIFF, in order to have a fair and effective grievance redressal mechanism, for the limited purpose of adjudicating the complaints by the petitioner and Inter Kashi FC, the court deems it appropriate to appoint Justice Rekha Palli, former judge of this Court, as the chairperson of the ethics and dispute resolution committee,” the court order states.

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