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September 25, 2001

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HC for firm action against doping

The Delhi High Court on Tuesday asked the Centre, the Indian Olympic Association and the Sports Authority of India to take 'positive action' to prevent the use of banned drugs by sportspersons and not try to sidetrack the issue.

"We want a positive action from the Government, IOA and SAI to prevent the use of banned drugs. Don't try to wriggle out of the situation," a Bench comprising Chief Justice Arijit Passayat and Justice D K Jain said after perusing a status report submitted by SAI on follow-up action taken by it.

Posting the next hearing for October 30 on a petition, which raised the issue of Indian sportspersons' alleged large scale involvement in doping, the judges said "we want to know what guidelines are being laid down by SAI to improve the standards of its laboratory to conduct dope tests and prevent the use of drugs by the sportspersons."

Sharp differences were witnessed on the issue between IOA and SAI as senior advocate R K Anand appearing for the former questioned the credibility of dope tests conducted by SAI on various sportspersons during past several years.

Questioning the credibility of the SAI laboratory, Anand said when the samples were taken by them, they were not sealed properly.

"If they take ten samples of a sportsperson, there will be different results every time. How can action be taken by the federations in such a situation?" he asked.

He exhibited to the court the equipment used by SAI lab and tried to show that they could not be properly sealed. Additional Solicitor Genral K K Sud, appearing for the Centre said the committee appointed by the Government under the chairmanship of Sports Secretary, had opined that no legal action could be taken against the sportspersons on the basis of the SAI report.

Placing before the court minutes of the committee meeting held on September 18, he said it had decided to take the help of German doctors in conducting the dope tests in November and December.

It was also decided that complete secrecy should be maintained about the tests and SAI laboratory be provided foolproof security.

As the court asked the IOA counsel if he apprehended tampering of samples, Anand said the way the tests were being carried out doubts could be raised against the whole process.

He said he was only pointing out that when the system of SAI laboratory was doubtful then no action could be taken against a sportsperson on the basis of such tests.

The court said the sports federations were responsible for such a state of affairs, as their heads were found more interested in saving their positions.

"Tough battles are fought for posts of every federation but nothing is done for the welfare and improvement of the games," the court observed.

Health Fitness Trust, run by former athlete Sunita Godara, filed the petition, seeking steps to prevent use of banned drugs and action against guilty sportspersons.

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