The Supreme Court on Friday permitted wrestler Vinesh Phogat to take part in the Asian Games selection trials scheduled for May 30.
A bench of Justices P S Narasimha and Alok Aradhe, which considered an appeal by the Wrestling Federation of India (WFI), did not stay the May 22 Delhi High Court order allowing her to participate but disagreed with the reasoning given by the court to arrive at its conclusion.
“Respondent shall be permitted to participate in the selection trials for the scheduled Asian Games,” the bench ordered. Justice Narasimha remarked, “We are not stopping, you go and participate…She made the country proud.”
“Today there is a direction that she should participate; it would not be correct for us to interfere, but the high court approach was wrong,” he said, adding, “We are concerned about the method and manner with how the high court dealt with it…”.
Disapproving of the high court linking the matter entirely to Phogat’s maternity, Justice Narasimha said, “The way the high court puts it—as if the entire thing is because of the reason.”
‘Know consequences of missing first doping test?’
He told Senior Advocate Madhavi Divan, who appeared for Phogat, “You had planned it out. You said I am taking a sabbatical for that reason. It’s ending in August 2025. And thereafter I am ready for participating. And then you participation takes place where 2 serious lapses – of not giving your whereabouts for the doping test, and you missed the first doping test. You know the consequences of missing the first doping test?”
The Delhi High Court had said in its judgment that the WFI’s selection “policy” dated February 25, 2026, and selection criteria “circular” of May 6, 2026 “are clearly exclusionary in nature” since they do not give any discretion to consider iconic players like Phogat in view of the sabbatical taken on account of her maternity leave.
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Questioning this, Justice Narasimha said, “Question before the high court was the legality and validity of the conditions in the Asian Games, which were announced on February 25, 2026, where one had to participate in four games. You had not participated in those four games…”.
He pointed out that these rules applied “across the board” and added, “for the high court now to say, it is rather surprising, without referring to any of the scheme, any of the rules, anything, suddenly says that this policy is exclusionary. This policy was made way back in February 2026. It applied across the board.”
The judge said, “That’s a little disturbing. Not about your playing, but the way the high court has handled it. This is not the way the high court will entertain and handle a writ petition under Article 226. A constitutional court must (act) very responsibly because these are not some standalone medical college admissions or anything like that. These are national and international sports.”
Justice Narasimha said, “…You have been an excellent wrestler and you made the country proud about it, but country first. In any event, it can’t be that courts will interfere in this manner and disrupt the entire schedule.”
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Divan contended that it was indeed connected to Phogat’s motherhood and added, “They called me a national embarrassment”.
The senior counsel pointed out that the high court had clarified that it had “not made any observations on merit and it is open for the parties to raise all pleas available to them before the learned single judge in the pending Writ Petition, which shall be decided on its merit”.
‘Please give me a fair chance’
Divan added that she is only seeking permission to attend the trials. “The Asian Games are to be held in September. We have a long way off. I may or may not make it. But please give me a fair chance. I have just become a mother. I am not seeking any relaxation,” Divan submitted.
The court agreed. “High Court is completely wrong. That approach is completely unacceptable…Having said that, today there is direction that she be allowed to participate. To that extent of participation, I think it may not be correct for us to withdraw that participation,” Justice Narasimha added.
