Prashant v. Union of India and Ors

SUBRAMONIUM PRASAD, J. DECEMBER 12, 2022

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 12.12.2022 % PRASHANT ..... Appellant Through: Petitioner in person. versus UNION OF INDIA AND ORS. ..... Respondents Through: Mr. Balendu Shekhar, CGSC with Mr. Krishna Chetanya, Advocate for UOI. Mr. Aditya Vikram Singh, Advocate for NRAI. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD SATISH CHANDRA SHARMA, CJ. (ORAL) CM APPL. 53618/2022 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. LPA 710/2022 & CM APPL. 53619/2022 3. Cotton Mather, an acclaimed American writer from early 1700s, once spoke of history as "History is the story of events, with praise or blame". We think the same of every case that comes up before this Court for adjudication. It has a history of its own, a story of its own events. And the story of this case goes like this. The Appellant, a shooting player, had been actively participating in the 10m Air Pistol shooting events in various State and National level tournaments. Admittedly, in 2017, the Appellant participated in the 40th U.P. State Shooting Championship' (Hereinafter referred as "the Championship"). Thereafter, in 2019, the appellant approached the Uttar Pradesh State Rifle Association (Hereinafter referred as "the State Association") – an affiliate body of National Rifle Association of India (Hereinafter referred as "the National Association") for the issuance of a participation certificate in lieu of his participation in the championship. In addition, the Appellant also sought permission to purchase an imported pistol of an advanced description. In response to this request, the Association served the appellant with a show cause notice dated 01.07.2019, thereby flagging certain discrepancies in the date of birth of the Appellant. 4. The show cause notice observed that in the online registration form filed by the Appellant for participating in the said tournament, the date of birth was mentioned as 21.08.2002, which was backed by two documents, namely, his birth certificate and his Aadhar Card. It further observed that the National Association sent the aforesaid registration form for verification to the State Association, wherein it was discovered that in the previously filled offline form submitted by the Appellant, before the State Association, a different date of birth was mentioned and two documents namely, a birth certificate issued by Municipal Corporation and his Aadhar Card were annexed to substantiate the same. In view of the same, the said show cause notice directed the Appellant to submit the authentic proof of his date of birth, duly attested by the District Magistrate. The notice also flagged certain disciplinary issues on the part of the Appellant observed during the course of the Championship. Furthermore, in view of the disciplinary issues and presentment of forged government certificates as proof of date of birth, the aforesaid notice proposed a two years' ban on the Appellant from participating in national and state level competitions. 5. In response to the aforesaid notice, the Appellant submitted the proof of date of birth, along with supporting documents, duly attested by the Magistrate. However, no certificate was issued by the Respondents. After the passage of two years, as per the Appellant, he approached the Respondent associations for issuance of participation certificates but, to no avail. The Appellant then preferred a writ petition challenging the show cause notice dated 01.07.2019 and sought directions against the Respondents for issuance of a participation certificate as well as requisite permission to the Appellant to import a sport pistol so that he could participate in future tournaments. The writ petition was dismissed by Ld. Single Judge and the order of dismissal dated 24.11.2022 stands impugned before us. 6. During the course of hearing, a detailed counter affidavit was placed on record by the Respondent National Association. It