Supreme Court Refuses to Expunge High Court Remarks Against Wrestling Federation of India

The Supreme Court on Thursday declined to expunge the observations made by the Delhi High Court in its recent judgment allowing wrestler Vinesh Phogat to participate in the Asian Games 2026 selection trials.

A bench of Justices PS Narasimha and Aravind Kumar said that the plea moved by the Wrestling Federation of India (WFI) against the High Court verdict had become infructuous since Phogat eventually participated in the trials following an order passed by the Supreme Court on May 29.

Though the Bench today declined to expunge the High Court's observations against WFI, it clarified that disposal of the regulatory body's plea would not mean the top court's affirmation of them. "In view of subsequent developments, this SLP is rendered infructuous. This court will not be taken as having reiterated the findings and observations of the high court. The issues are kept open," the Bench said.

WFI had challenged the Delhi High Court's May 22 ruling allowing Phogat to participate in the Asian Games 2026 selection trials. In the verdict, a Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia of the High Court had noted that Phogat could not meet WFI's "exclusionary" selection policy only because she was on maternity leave and that motherhood cannot become a ground for exclusion or marginalization of female athletes like Phogat.

The Division Bench slammed WFI for issuing a "deplorable" show-cause notice to Phogat and termed WFI's action as vindictive. The WFI notice had said that her disqualification from the Paris Olympics for being overweight was a "national shame". However, the High Court took strong objections to the choice of words and said that it revealed mala fides on WFI's part.

WFI then approached the Supreme Court against the same. The Supreme Court on May 29 allowed Phogat to participate in the trials and kept the case pending. Phogat subsequently took part in the trial but failed to qualify.

When the case was taken up for hearing, Senior Advocate DN Goburdhun, appearing for WFI, urged the top court to expunge the observations made by the High Court against the wrestling body. "She was allowed to participate but created quite a havoc there. The High Court judgment from para 31 onwards has to go. It has gone to the extent of saying malafide, deplorable, all of it has to be expunged," the senior counsel said.

Goburdhun added that the matter was still pending before a single bench of the High Court. "The paragraphs must be expunged. The single judge’s hands will be tied. It’s listed on the 6th of July," he said. However, the apex court proceeded to close the matter.

According to reports, Phogat was barred from the trials as the eligibility for the wrestling trials was limited to medal winners of certain competitions held in 2025 and 2026. Phogat did not compete in any of these events. She had announced her retirement following the 2024 Olympics but returned to wrestling in December 2025.

The WFI issued a show-cause notice accusing Phogat of indiscipline, anti-doping rule violations, and failure to comply with mandatory return-to-competition procedures after retirement. According to WFI, Phogat did not complete the required six-month notice period under United World Wrestling regulations before attempting a comeback.

The notice also referred to her 2024 Paris Olympics disqualification for being overweight, calling it a "national embarrassment", and alleged “whereabouts failures” linked to anti-doping protocols. Phogat rejected the allegations, stating that both the World Anti-Doping Agency (WADA) and the International Testing Agency had cleared her to compete from January 2026 onward.

She claimed that the Federation was attempting to force her into retirement and described the action as unfair and politically motivated. The controversy surrounding Phogat's participation in the Asian Games 2026 selection trials has sparked a debate about the treatment of female athletes in India and the need for a more inclusive and supportive sports ecosystem.

The Supreme Court's decision to refuse the expunging of the High Court's remarks against WFI is seen as a significant development in this case, as it highlights the importance of ensuring that sports federations and regulatory bodies act in a fair and transparent manner.

The case has also raised questions about the role of the judiciary in ensuring that the rights of athletes are protected and that they are not unfairly discriminated against. The Supreme Court's decision is likely to have far-reaching implications for the sports community in India and will be closely watched by athletes, coaches, and sports administrators.

In conclusion, the Supreme Court's refusal to expunge the High Court's remarks against WFI is a significant development in the case of Vinesh Phogat and the Wrestling Federation of India. The decision highlights the importance of ensuring that sports federations and regulatory bodies act in a fair and transparent manner and that the rights of athletes are protected.