Kolkata: As the new constitution of the All India Football Federation (AIFF) gets dragged in court, FIFA has sought an update. In a letter on June 22, the world body stated it and the Asian Football Confederation (AFC) had not heard from AIFF on the matter since July 31, 2023, and expected a reply by July 5. AIFF has replied, saying the matter is sub-judice.
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Crucially, FIFA-AFC’s letter on e-mail mentions that for them, the supreme legislative body of the AIFF is its general body which should be able to amend “statutes” without judicial intervention.
“Kindly take note that FIFA and AFC are of the opinion that the AIFF Congress (general body), as the supreme and legislative body of the AIFF, should remain entitled in future to amend AIFF Statutes without the need for local courts in India, at any level, to validate relevant changes,” the letter to AIFF acting secretary-general Satyanarayan Muthyalu said. It was signed by Kenny Jean-Marie, chief member associations officer at FIFA, and Vahid Kardany, deputy general secretary member associations at AFC.
In reply on deadline day, Satyanarayan wrote that the matter has not been heard by the Supreme Court since March 19, 2024.
Satyanarayan’s letter also states that when the matter was last heard, the Amicus Curiae (an impartial adviser to the court) Gopal Shankarnarayan had said that the current leadership if the federation is an interim body holding office till the constitution is adopted. In its written submission submitted to the Supreme Court on March 19, AIFF has rejected this, the reply states.
HT has a copy of both the letters. The draft constitution and the objections by stakeholders were attached in AIFF’s response on e-mail.
The FIFA-AFC letter refers to a meeting on May 16, 2023 between FIFA, AFC and AIFF for an update on the new constitution. This was following a May 2, 2023, Supreme Court order to appoint former justice Nageswara Rao to oversee framing of the new constitution after taking into consideration the suggestions, comments and observations of all stakeholders. Rao, a former Supreme Court judge, had written to FIFA-AFC that the draft statues have been finalised with AFC and FIFA’s inputs and submitted to the court by July 31 last year.
“That was the last official communication FIFA and the AFC received on this matter,” Jean-Marie and Kardany wrote.
AIFF replied that following the former judge’s submission, the Supreme Court on September 11 “granted all stakeholders to file their objections to the draft AIFF Constitution. The Court-appointed Amicus Curiae…was directed to compile the objections into a tabular chart and file it before the Court.” AIFF has written that its objections were not included in the initial compilation by Shankarnarayan. Following a court order, AIFF was allowed to file its objections on March 19, Satyanarayan has written.
AIFF was suspended by FIFA on August 14, 2022 for third party influence after a committee of administrators was appointed by the Supreme Court. The letter of suspension had mentioned that AIFF’s constitution needed to be in line with FIFA and AFC’s statutes and approved by AIFF’s general body without any interference from any “third party.” The ban was lifted on August 26, 2022.
AIFF elections were held in September 2022 and Kalyan Chaubey beat Bhaichung Bhutia to become president but the constitution has still not been adopted by the federation.
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