Akshay Mahara vs Union Of India & Ors.
- Court
- Delhi High Court
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 15.06.2026
+ LPA 448/2026, CM APPL. 38798/2026, CM APPL. 38799/2026 &
CM APPL. 38800/2026
AKSHAY MAHARA .....Appellant
Through: Mr. Shrimay Mishra and Mr. Tushaar
Nair, Advocates.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Udit Dedhiya, SPC along with
Mr. Rahul Mourya, GP, Ms. Apurva
Sachdev and Mr. Preyansh Gupta,
Advocates for UoI.
Ms. Aashita Khanna and Mr. Ritwik
Prakash, Advocates for R-2 (IOA).
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
HON'BLE MS. JUSTICE MADHU JAIN
TEJAS KARIA, J. ( ORAL )
1. The present Letters Patent Appeal has been preferred against the order
dated 29.05.2026 (“ Impugned Order ”) passed by the learned Single Judge
in W.P.(C) 6977/2026 (“ Writ Petition ”), to the limited extent that, despite
the matter being admittedly time-sensitive and despite the statement made
on behalf of the Respondents that no names had been forwarded for Karate
for the 2026 Asian Games (“ Asian Games ”) and that the relevant deadline
had expired, no urgent protective direction was issued and the matter was
directed to be listed on 06.07.2026.
Signature Not Verified
LPA 448/2026 Page 1 of 6
Signed By:NEELAM
SHARMA
Signing Date:17.06.2026
17:04:36
2. Learned counsel for the Appellant submitted that the Appellant is an
Indian Karate Athlete and filed the Writ Petition seeking directions for a
fair, transparent, time-bound, and internationally compliant selection
mechanism for Indian Karate athletes for the Asian Games and the 22nd
Asian Senior Karate Championship.
3. It was submitted by the learned Counsel for the Appellant that the
entry period for participation in Karate for the Asian Games is from May
2026 to July 2026 and unless urgent protective directions are issued prior to
the closure of the said entry period, the Writ Petition may be rendered
substantially infructuous. The limited grievance raised is that Indian Karate
athletes are once again being deprived of a fair opportunity for consideration
for the Asian Games on account of administrative inaction, unresolved
governance issues in the sport of Karate, and the absence of a recognised
National Sports Federation (“ NSF ”).
4. Learned counsel for the Appellant further submitted that Karate in
India has, for several years, been affected by rival claims to governance and
the absence of a recognised NSF. The consequences of such uncertainty
have repeatedly been borne by athletes, who have thereby been prevented
from participating in international events. In order to prevent a recurrence of
such prejudice, the Ministry of Youth Affairs and Sports (“ Ministry ”)
issued an order dated 23.02.2026 concerning the sport of Karate.
5. It was further submitted by the learned Counsel for the Appellant that
by the said order, the Ministry requested Respondent No. 2 to constitute a
transitory / Ad-Hoc Committee, in consultation with the concerned World
Karate Federation (“ WKF ”), to oversee and manage the affairs of Karate,
including the selection of athletes and the submission of entries for
Signature Not Verified
LPA 448/2026 Page 2 of 6
Signed By:NEELAM
SHARMA
Signing Date:17.06.2026
17:04:36
participation of sportspersons in international events, until a suitable
federation is recognised as the NSF. However, no such committee has, till
date, been constituted or operationalised.
6. Learned counsel for the Appellant submitted that vide order dated
19.05.2026 passed in the Writ Petition, the learned Single Judge recorded
that the Respondents shall look into the grievance of the Appellant and make
an endeavour to provide a mechanism for selection of international entries
for Karate. Despite the aforesaid direction, no mechanism has been put in
place to redress the Appellant's grievance. Thereafter, the names of India's
nd
participants for the 22 Asian Senior Karate Championship, Bali, Indonesia,
appeared on the WKF online registration portal without any disclosed public
notice, selection criteria, trial, minutes of selection, consultation with
Respondent Nos. 1 to 3, or recourse to the transitory / Ad-Hoc mechanism
contemplated by the Ministry's order dated 23.02.2026.
7. Learned counsel for the Appellant further submitted that, in view of
the said subsequent development, the Appellant filed CM APPL.
37691/2026 in the Writ Petition seeking urgent interim directions, inter alia ,
a direction to Respondent Nos. 1 to 3 to formulate and notify a fair selection
process for Karate before the closure of the entry period for the Asian
Games. When CM APPL. 37691/2026 was taken up on 29.05.2026, it was
stated on behalf of the Respondents that no names had been sent for Karate
for the Asian Games and that the relevant date had already expired. The
learned Single Judge, instead of passing any urgent protective direction,
directed the Respondents to place their stand on affidavit before the next
date of hearing and kept the matter listed on 06.07.2026.
Signature Not Verified
LPA 448/2026 Page 3 of 6
Signed By:NEELAM
SHARMA
Signing Date:17.06.2026
17:04:36
8. Learned counsel for Respondent No. 1 submitted that the Union of
India is acting to protect the interests of the athletes and that, pursuant
thereto, the Ministry had issued an order dated 23.02.2026 directing
Respondent No. 2 to constitute an Ad-Hoc Committee for the selection of
Karate athletes until an NSF is recognised for the sport of Karate.
9. Learned counsel for Respondent No. 2 submitted that Respondent No.
2 has taken all possible steps to facilitate the participation of Karate athletes
in the Asian Games, and that the President of Respondent No. 2 had
addressed a letter dated 26.02.2026 to the WKF, pursuant to the Ministry's
order dated 23.02.2026, requesting the formation of an Ad-Hoc Committee
to oversee and manage the affairs of Karate in India until a duly recognised
NSF is established, in order to protect the interests of Karate athletes in
India. Vide letter dated 27.02.2026, the WKF firmly opposed the
constitution of any Ad-Hoc Committee and stated that any team or athlete
selected by any such Ad-Hoc Committee or body constituted by Respondent
No. 2 would not be permitted to participate in any international event
organised under the umbrella of the WKF.
10. Learned counsel for Respondent No. 2 further submitted that the
President of Respondent No. 2 sent a letter dated 11.03.2026 to the Ministry,
reiterating the contents of the WKF's letter dated 27.02.2026, and requested
initiation of statutory proceedings for cancellation / suspension of
unrecognised Karate bodies so as to prevent misrepresentation and protect
athletes. Respondent No. 2 also reiterated to the Ministry its commitment to
assist in operationalising a legally sustainable pathway for the eventual
establishment of a duly constituted and fully compliant NSF for Karate in
India.
Signature Not Verified
LPA 448/2026 Page 4 of 6
Signed By:NEELAM
SHARMA
Signing Date:17.06.2026
17:04:36
11. Learned Counsel for Respondent No. 2 has submitted a copy of the
Letters dated 26.02.2026, 27.02.2026 and 11.03.2026 and the same are
directed to be taken on record.
12. We have heard learned counsel for the Parties.
13. The letters dated 26.02.2026 and 27.02.2026, placed on record by
Respondent No. 2, demonstrate that Respondent No. 2 acted pursuant to the
Ministry's order dated 23.02.2026 and addressed a communication to the
WKF seeking the constitution of an Ad-Hoc Committee for the selection of
athletes for the Asian Games. However, the WKF opposed the constitution
of any such Ad-Hoc Committee for the selection of athletes for any
international event held under its aegis.
14. The submission advanced on behalf of the Appellant that no Ad-Hoc
Committee for the selection of Karate athletes for participation in the Asian
Games was constituted pursuant to the Ministry's order dated 23.02.2026,
thus is refuted by these letters dated 26.02.2026, 27.02.2026 and 11.03.2026,
which make it evident that Respondent No. 2 had indeed made best efforts
to secure the constitution of such a committee. However, the recognition of
any such Ad-Hoc Committee was expressly opposed by the WKF, and
athletes selected by any such committee would neither be recognised by the
WKF nor permitted to participate in international events conducted under its
aegis.
15. In the Impugned Order, the statement made by learned counsel for the
Respondents to the effect that no names of players had been forwarded for
the Asian Games was duly recorded, and the Respondents were directed to
place their affidavits on record on all relevant aspects before the next date of
hearing.
Signature Not Verified
LPA 448/2026 Page 5 of 6
Signed By:NEELAM
SHARMA
Signing Date:17.06.2026
17:04:36
16. In view of the aforesaid analysis, the present Appeal is not
maintainable, as the Impugned Order does not constitute a judgment
appealable under Clause 10 of the Letters Patent.
17. However, before parting, we deem it appropriate to observe that the
absence of a recognised NSF for Karate is detrimental to the development of
the sport in India. Indian athletes stand adversely affected, as they are
deprived of opportunities to participate in international events. Athletes
ought not to be made to suffer on account of administrative inaction and
unresolved governance issues. Their interests must remain paramount, and
their opportunities to participate in international events cannot be permitted
to be compromised due to disputes, regulatory uncertainty, or administrative
failures.
18. Accordingly, the Respondents should endeavour to address the
grievance raised by the Appellant and to provide an appropriate mechanism
for selection and international entries in Karate until such time as a duly
recognised NSF for Karate is constituted in India, in terms of the direction
already issued by the learned Single Judge in the order dated 19.05.2026
passed in the Writ Petition.
19. In view of the above, the present Appeal, along with the pending
Applications, stands dismissed with the aforesaid observations. There shall
be no order as to costs.
TEJAS KARIA, J
(VACATION JUDGE)
MADHU JAIN, J
(VACATION JUDGE)
JUNE 15, 2026/
ak/ap
Signature Not Verified
LPA 448/2026 Page 6 of 6
Signed By:NEELAM
SHARMA
Signing Date:17.06.2026
17:04:36