'Private Body': Delhi High Court Restrains All India Carrom Federation From Using 'India', 'Indian' Expression
The Delhi High Court has restrained the All India Carrom Federation (AICF) from using the expression “India” or “Indian” in its name or logo or in the further competitions conducted by it.
Justice Mini Pushkarna noted that the Federation is a private body and did not have the renewal of its recognition by the Union Government.
It thus directed the AICF to change its name in order to delete the word “India” from its nomenclature.
“Further, it is directed that the said Carrom Federation shall not use the expression "India" or "Indian" in any manner either in its name or any logo etc. or in the competitions conducted by them,” the Court said.
“Further, whenever any team is sent by the AICF, which shall be sent only with its changed/amended name, the said federation shall specify that the team is from India and shall not portray the team as the Indian Team, which is recognized by the Government of India,” it added.
However, the Court granted liberty to the Carrom Federation to use the expression "Team from India", in order to show that the representation is from India.
Justice Pushkarna was dealing with a batch of pleas seeking quashing the elections result of All India Carrom Federation. Another direction was sought that AICF should not use the title "India" or "Indian".
The Court noted that as per a document issued by the Union issued by Ministry of Youth Affairs & Sport in December last year, the Centre has not recognized any federation for the sport of carrom.
It further noted the Centre's stand that the Union Government does not recognize AICF as a National Sports Federation and that as per the National Sports Code, the expression "India" or "Indian" cannot be used without the prior approval of the Government of India.
It thus held that since the AICF is an unrecognized federation, it cannot use the word or expression "India" or "Indian" in their title, logos, letterheads etc.
“…it is manifest that AICF cannot be considered as a National Sports Federation as per the submission made on behalf of UOI, in the absence of renewal of recognition of the AICF. Therefore, it becomes apparent that the AICF is a private entity/body,” the Court said.
Noting that AICF was earlier recognized by the Union Government, the Court granted it liberty to make a representation to the Centre for its recognition as a National Sport Federation.
It added that if such a representation is made, the same will be duly considered by the Union Government, while also asking the Federation to comply with all the directions as may be issued regarding the grant of recognition.
“In case, the UOI is satisfied with the various compliances made by the said Carrom Federation, the UOI may proceed to grant recognition to the Carrom Federation, in accordance with law, and after following the due procedure,” the Court said.
Title: MAHARASHTRA CARROM ASSOCIATION v. UNION OF INDIA AND ANR & other connected matters