A bench consisting of Justices P S Narasimha and Alok Aradhe issued the order while reviewing a petition from the Wrestling Federation of India (WFI) that contested the Delhi High Court’s decision permitting Phogat to enter the selection trials.
“At this point, given the high court’s ruling, expectations have grown. To send her back home without any opportunity would be inappropriate. We are quite clear on this,” the bench remarked to the WFI’s counsel.
The Supreme Court stated, “The respondent (Phogat) is allowed to participate in the selection trials for the Asian Games 2026 set for May 30 and May 31, 2026.”
However, the bench expressed concerns regarding how the high court handled the situation.
“We are not halting your progress. You (Phogat) may proceed and participate,” the bench noted.
The plea was scheduled for further hearings next week.
On May 22, a division bench of the high court had authorized Phogat to compete in the forthcoming trials for the Asian Games, arguing that the WFI’s selection policy was exclusionary, lacking discretion for an iconic player like her returning from maternity leave.
The high court mandated that the selection trials be video-recorded by the WFI, with an independent observer from both the Sports Authority of India (SAI) and the Indian Olympic Association (IOA) present.
Moreover, the high court pointed out that the standards for the selection trials represented a significant departure from previous practices, which had allowed for discretion in selecting iconic athletes for the Asian Games. It emphasized that the law must ensure that motherhood is not a reason for excluding female athletes like Phogat.
Motherhood, it underscored, should not be considered a professional obstacle or a reason for adverse treatment.
The high court further remarked that the reasons cited by the WFI in the May 9 show-cause notice to Phogat “seem premeditated and revisiting previously settled matters,” asserting that “it is essential for the appellant to participate in the selection trials in the interest of both the sport and justice.”
It also criticized the WFI’s labeling of Phogat’s disqualification in the 2024 Paris Olympic Games as a “national embarrassment” within the show-cause notice, describing such a statement as “deplorable,” “clearly misguided,” and “unnecessary.”
The high court noted that Phogat’s exclusion from the selection trials resulted directly from her “sabbatical and temporary retirement.”
This order was issued following Phogat’s appeal against a May 18 ruling from a single-judge bench that had denied her immediate relief regarding her participation in the selection trials.
The division bench instructed the two independent observers from the SAI and the IOA, to be appointed by the Centre, to submit a report back to the single-judge bench.
In her petition to the high court, Phogat challenged the WFI’s selection policy and circular, which limited eligibility for trial participation to medal winners from particular tournaments.
Phogat argued that the “qualification window” set by the WFI coincided significantly with her officially recognized sabbatical for pregnancy and postpartum recovery, which created a “closed and inflexible gate-keeping mechanism” deemed arbitrary and discriminatory.
Earlier this month, the WFI had declared Phogat ineligible to compete in domestic events until June 26, referencing the mandatory six-month notice period linked to athletes returning from retirement under anti-doping regulations.
In defiance, Phogat attended the National Open Ranking Tournament in Gonda, Uttar Pradesh.
Additionally, Phogat participated in a protest by women wrestlers in 2023 against allegations of sexual harassment involving the then-WFI president and BJP leader Brij Bhushan Sharan Singh.
In August 2024, Phogat faced disqualification from the 50-kg category Olympic finals for exceeding the weight limit by 100 grams during the morning weigh-in.
