SC refuses stay on Delhi HC order allowing Vinesh Phogat in Asian Games trials
Synopsis
Key Takeaways
The Supreme Court on Friday, 29 May declined to stay the Delhi High Court's order permitting wrestler Vinesh Phogat to compete in the Asian Games 2026 selection trials, even as it agreed to examine the Wrestling Federation of India (WFI)'s challenge to the relief granted to the three-time Olympian. Phogat is now cleared to participate in the trials scheduled for 30 and 31 May.
What the Supreme Court Ordered
A bench of Justice PS Narasimha and Justice Alok Aradhe issued notice on the WFI's Special Leave Petition (SLP) while directing that Phogat 'shall be permitted to participate in the selection trials for the Asian Games 2026.' The court indicated it would take up the broader legal questions raised in the SLP at a later date, allowing the Delhi High Court's interim directions to remain operative for now.
Anti-Doping Concerns Flagged
During the hearing, the bench expressed concern over Phogat's compliance with anti-doping obligations, specifically her failure to keep authorities informed of her whereabouts during the relevant period. The court observed that adherence to anti-doping protocols — including timely participation in tests and whereabouts disclosure — is a critical obligation for athletes, and flagged the issue for future consideration.
Supreme Court's Reservations About HC Findings
The apex court also took objection to certain observations made by the Delhi High Court at the interim stage, particularly its prima facie finding that the WFI's eligibility framework was 'exclusionary' in nature. The Supreme Court questioned the basis for such a characterisation at the interim stage, noting that the WFI's selection policy was framed in February 2026 and applied uniformly to all athletes. Nevertheless, it chose not to disturb Phogat's participation in the trials pending further examination.
What the Delhi High Court Had Ruled
In its order passed last week, a Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia held that motherhood cannot be treated as grounds for exclusion from professional opportunities. The bench found that the WFI's policy failed to account for Phogat's maternity-related sabbatical and post-partum recovery, which coincided with the qualifying events. 'Motherhood must be viewed as a natural and deeply significant aspect of life that deserves accommodation and institutional sensitivity,' the High Court had said, while finding a prima facie case in Phogat's favour.
The High Court had also directed that the selection trials be video-recorded and conducted under independent observers nominated by the Sports Authority of India (SAI) and the Indian Olympic Association (IOA). Phogat's participation remains subject to the outcome of the pending writ petition before a single-judge bench examining the validity of the WFI's policy, selection criteria, and show-cause notice.
Background and What Comes Next
The WFI had moved the Supreme Court arguing that Phogat did not fulfil the eligibility criteria prescribed under its selection policy. This is the latest chapter in a prolonged legal and institutional dispute surrounding the wrestler, who returned to competitive sport after a maternity break. With the trials proceeding as scheduled, the substantive legal questions — around athlete eligibility, anti-doping compliance, and the scope of institutional accommodation for maternity — will now be adjudicated by the Supreme Court at a later hearing. The outcome could set a precedent for how Indian sports federations frame policies for athletes returning from maternity leave.