Narsingh Saga: NADA vs.WADA
Arjun J Chaudhuri
Rio Olympics 2016 bound-wrestler, Narsingh Yadav had been granted
let-off by the Judicial-Panel of NADA on leading evidence submitted by NADA of
positive Test-Result for Steroids which was NADA-conducted prior to the athlete
leaving for Rio de Janeiro, Brazil. That the let-off is based on the legal-ground
u/Article 10.4 of NADA’s Anti-Doping Code that since it is one-time finding on
the part of NADA which has previously conducted prior-tests with
negative-results to show for it. That therefore it may be considered the
exception to the rule, and led the Judicial-Panel of NADA to believe the
Final-Arguments tendered by Counsel for Narsingh Yadav that Steroids may have
been administered without the knowledge of the Wrestler by vested-interests who
wish his rival to replace him at Rio-Olympics 2016. Although it may be both
defamatory or slanderous to make such statements when such statements are
targeted at specific-individual that is made without evidential-basis outside
the Court, and is punishable u/legal-provisions of IPC 1860, the same however,
is not true when legal-precedents are cited about such unlawful-administrations
by rival-interests or Federation-Officials advancing national-interests which
is what the Russian-federation is accused of presently that WADA has taken
action against, and enforced collective-ban on them from
international-competition.
That contact sports in India are today backed by
political-interests, that it is not too far-fetched to accuse the unnamed
third-party of collusion to cause damage or injury to the opponent when Medals
won at the Olympics translate into monetary, and in-kind benefits along with
administrative, and political career-advancements of all connected to the
medal-winner.
Narsingh Yadav always maintained before NADA and the Press that
the failed-test for doping was the result of the collusion by his opponents to
prevent him from participating at the Rio Olympic Games 2016.
That the Judicial-Panel of NADA, reviewing Narsingh Yadav’s Case,
in its ruling stated that Narsingh Yadav is the victim of sabotage, and that there
is no-fault & negligence on his part. That the same is read-out by NADA DG
Naveen Agarwal while reading out the verdict before the Press keeping in mind
that till June 2, 2016 none of his samples tested-positive. It was
inconceivable that one-time ingestion would be of benefit to Narsingh Yadav,
and therefore that that basis the Judicial-Panel of NADA ruled-out Intent on
the part of Narsingh Yadav to consciously ingest the Steroid to gain
undue-advantage.
That
based on this finding Narsingh Yadav had been reinstated for Olympics
competition representing India at Rio de Janeiro, Brazil. But the WADA had appealed against the NADA all-clear to
Narsingh at CAS, three days ahead of his bout.As a
result CAS had handed Narsingh a four-year ban on August 18
barely hours before his 74kg freestyle opening bout was scheduled. While
handing down a four-year ban on Narsingh Yadav, the Court of Arbitration for Sport (CAS) has ruled that
the wrestler failed to produce any "real evidence" regarding
the sabotage theory he had advanced and the balance of
probabilities" was that he orally took the banned substance intentionally
in tablet form on more than one occasion.
No comments: