HC strikes down suspension of former BFI secretary-general Jay Kowli

Bombay High Court overturns Jay Kowli's suspension from Boxing Federation of India for violating natural justice; mandates a personal hearing before any action.

MUMBAI: The Bombay high court on Monday set aside the suspension of Jay Kowli, the former secretary-general of the Boxing Federation of India (BFI), on the grounds of violation of natural justice, stating that the organisation failed to grant him a personal hearing before declaring him guilty. The federation had suspended Kowli in January 2022, alleging dereliction of duty.

HC strikes down suspension of former BFI secretary-general Jay Kowli

Kowli served as the secretary-general of the boxing federation from September 25, 2016, to February 2, 2021, under two presidents—Sandeep Jajodia and Ajay Singh—and had a fallout with both over administration-related differences. In January 2022, the BFI’s executive council suspended him on the pretext of misconduct and violation of its regulations.

However, Kowli sought to quash the order in court, arguing that the BFI’s Disciplinary and Disputes Commission, which conducted an inquiry into the matter, failed to provide him a chance to be heard. Advocate Nikita Jacob, representing Kowli, submitted that the suspension order was in contravention of the principles of natural justice as per the BFI’s constitution, adding that the federation took extreme, illegal measures to suspend him and left him with no remedy.

Dr Abhinav Chandrachud, representing BFI, contended that only an interim order of suspension was issued, adding that Kowli’s written replies sufficed as his personal hearing. The federation refuted the argument that there was a violation of natural justice and prejudice against Kowli.

However, the division bench of justices Revati Mohite Dere and Neela Gokhale held that Kowli’s suspension was not interim but, rather, final. “The sanction of being debarred from all boxing activities by the federation and its allied units is of penal nature and not merely a sanction pending inquiry, wherein strict observance of the principles of natural justice may be dispensed with having regard to the requirements and facts of a particular case,” the court said.

After referring to several precedents, the court highlighted the importance of strict compliance with the principles of natural justice, including a personal hearing as sought by Kowli, considering the open-ended sanction to debar him from all boxing activities was penal. “A personal hearing ought to have been acceded to by the federation before finding the petitioner guilty,” it added.

Observing that the BFI had followed flawed procedure, the court set aside Kowli’s suspension but granted the federation liberty to initiate a fresh inquiry against Kowli for infractions, if any, by following the due process of law as prescribed in its constitution. It also directed the federation to observe the principles of natural justice, including granting a personal hearing to Kowli.