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In WFI vs Vinesh Phogat, why SC refuses to expunge HC’s critical remarks

The Supreme Court on Thursday refused to expunge the Delhi High Court’s remarks against the Wrestling Federation of India (WFI) in its order allowing wrestler Vinesh Phogat to participate in the Asian Games-2026 selection trials, saying disposal of the wrestling body’s petition did not mean it endorsed them.
A Bench of Justice PS Narasimha and Justice Aravind Kumar, however, said the WFI petition challenging the HC order had become infructuous after Phogat participated in the trials on May 30 and 31 following its May 29 order.
“In view of subsequent developments, this SLP (special leave petition) is rendered infructuous. This will not be taken as having reiterated the findings and observations of the high court. The issues are kept open,” the Bench said.
The HC had pulled up the WFI for issuing a show-cause notice to Phogat and termed the federation’s action as “vindictive” and “deplorable”.
As senior advocate DN Goburdhun submitted on behalf of the WFI that “she (Phogat) did not succeed but she created havoc over there”, the SC Bench said the issue had become infructuous.
Goburdhun urged the Bench to expunge adverse remarks made by the high court against the WFI. “All these observations will have to go as the matter is pending before the single Bench,” he submitted. However, the Bench left it open, saying disposal of WFI petition challenging the HC’s May 22 order allowing Phogat to participate in the selection trials did not mean it endorsed the remarks.
On May 29, the Supreme Court had allowed Vinesh to participate in the selection trials. “We are not stopping, you go and participate,” a Bench of Justice PS Narasimha and Justice Alok Aradhe said, refusing to stay the HC’s order that had granted her relief. The top court, however, had expressed reservations about the HC’s approach in allowing Phogat to participate in trials, saying “We have some questions,” even as it acknowledged her talent and the achievements at the global level.

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