Can Vinesh Phogat and IOA challenge CAS verdict? What legal options can be explored

Can Vinesh Phogat and IOA challenge CAS verdict? What legal options can be explored

New Delhi: Indian wrestler Vinesh Phogat’s hopes of securing a silver medal were left shattered after the ad-hoc division of the Court of Arbitration for Sport (CAS) rejected her appeal against her disqualification from the Paris Olympics 2024 on Wednesday, August 08. After delaying the verdict thrice, CAS ruled in favour of the International Olympic Council (IOC) and the United World Wrestling (UWW) in the case.

29-year-old Vinesh had demanded a joint silver medal in her appeal after she was disqualified from the Paris Games on the morning of her gold medal match against USA’s Sarah Ann Hilderbrant in the women’s 50kg freestyle category. Vinesh failed to make weight on the day of the final as she was found reportedly overweight by 100 grams, leading to her disqualification.

Vinesh was barred from competing in the final and was also stripped of her assured silver medal as the decision sparked a sharp reaction from the Indian Olympic Association (IOA) and Indian fans across the globe. In her appeal filed on August 07, Vinesh asked to be awarded a joint silver medal along with Cuba’s Yusneylis Guzman Lopez, who replaced her in the final against Hildebrandt and lost to settle for silver.

As the entire nation waited with bated breath for a decision on the matter after CAS conducted a hearing last week, there were glimmering hopes that Vinesh would be awarded a well-deserved silver medal after her gut-wrenching disqualification. However, the ad-hoc division of the CAS dismissed the wrestler’s appeal after delaying the verdict thrice.

Reacting to CAS’ verdict, IOA president PT Usha expressed her shock and disappointment. The IOA expressed solidarity with Vinesh and said it stands in support of the wrestler. IOA also stated that it will explore ‘further legal options’ to ensure Vinesh gets justice in the case.

Can Vinesh and IOA challenge CAS’ decision?

Yes. IOA and Vinesh can file an appeal against the verdict of the Court of Arbitration for Sport. The CAS can be challenged in the Swiss Federal Tribunal. However, the chance of a favourable verdict is next to impossible. As per CAS’ website, anyone can appeal against the court’s decision but the process itself is inflexible and there are little chances of relief.

CAS’ website clearly states that a judicial recourse to the Swiss Federal Tribunal will only be allowed on ‘very limited’ grounds such as lack of jurisdiction or violation of procedural rules during the case. However, in Vinesh’s case, no such grounds are applicable as all rules were followed diligently and all parties got a fair hearing post which they were also given extra time for the submission of supportive documents.

“Judicial recourse to the Swiss Federal Tribunal is allowed on a very limited number of grounds, such as lack of jurisdiction, violation of elementary procedural rules (eg violation of the right to a fair hearing) or incompatibility with public policy,” stated the CAS website.

Vinesh and her team underwent severe struggles on the night before her final weigh-in ahead of the gold medal match. Extreme steps were taken, including cutting her hair to get her weight under the permissible limit. However, nothing worked as she was on the wrong side of the weight during the final weigh-in, resulting in her disqualification.

Vinesh had become the first woman in India’s history to reach a final at the Olympics. However, she had to return without a medal after her fate was sealed on the weighing machine and not the mat.

 The Court of Arbitration for Sport (CAS) on Wednesday dismissed wrestler Vinesh Phogat’s appeal for a joint silver medal after being disqualified for being overweight during the Paris Olympics 2024. IOA said it will explore further legal options in the case. Can CAS’ decision be challenged?  Other Sports Sports News: Latest Cricket News, Cricket Live Score, Sports Breaking News from Sports Today