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Delhi High Court Quashes AIFF PSC Proceedings And Orders Rehearing Of Anwar Ali Case
Delhi High Court Quashes AIFF PSC Proceedings And Orders Rehearing Of Anwar Ali Case
In a recent ruling, the Delhi High Court has quashed the entire proceedings before the AIFF Players' Status Committee (PSC) and has directed the Committee to reconsider the matter afresh after hearing all the parties involved. Additionally, the Court has asked the AIFF PSC to issue a fresh, reasoned order.
Anwar Ali had unilaterally terminated his agreement with Mohun Bagan to move to East Bengal FC, citing a FIFA regulation. However, Mohun Bagan refused to issue a No Objection Certificate (NOC), arguing that the regulation cited had not yet come into effect. Consequently, Anwar Ali approached the AIFF PSC, requesting the issuance of the NOC. The AIFF PSC initially found that Anwar Ali’s termination lacked just cause but still called upon Mohun Bagan to issue the NOC, allowing it to file its claim for damages. The PSC also issued a show cause notice to Delhi FC and East Bengal FC regarding potential penalties for inducement.
After reviewing the case, the AIFF PSC concluded that, despite Anwar Ali's improper termination, Mohun Bagan should issue the NOC. Additionally, the Committee ordered East Bengal FC, Delhi FC, and Anwar Ali to compensate Mohun Bagan for the loss incurred. The PSC further imposed a four-month ban on Anwar Ali and barred Delhi FC and East Bengal FC from inducting new players for two transfer windows. These directives led Anwar Ali, Delhi FC, and East Bengal FC to approach the Delhi High Court.
During the court proceedings, AIFF’s counsel, acting on instructions, acknowledged that since the AIFF PSC’s reasons for its decision were not clearly articulated, the matter could be reconsidered. Applying the doctrine of merger, the High Court quashed the entire AIFF PSC proceedings and directed the Committee to decide the case anew. As a result, Anwar Ali remains on the rolls of Mohun Bagan pending a fresh decision.
Mohun Bagan was represented by Vanita Bhargava, Partner, Khaitan & Co, along with Vidushpat Singhanja, Managing Partner, Kridal Legal.