Lawyer Submits ITA Found Vinesh Phogat's Conduct Was Negligent, Not Intentional

Supreme Court lawyer Saurabh Mishra, who specializes in sports law, stated that the Independent Testing Authority (ITA) has recorded Vinesh Phogat's conduct as amounting to negligence, not intentional fault, in relation to whereabouts violations under the WADA Code. Under Article 2.4, a finding of mere negligence restricts the range of permissible sanctions, making the ITA's determination legally significant beyond mitigation.

On the charge related to her retirement and return, Mishra questioned whether Phogat formally retired under Article 5.7, noting that without official notification to UWW and WADA, the six-month re-entry requirement may not have applied, though her whereabouts obligations would have continued. Regarding her participation in dual weight categories during the March 2024 trials, he argued that procedural irregularities facilitated by officials raise due process concerns and could invoke contributory institutional fault.

On her disqualification from Paris 2024, Mishra pointed out that the Court of Arbitration for Sport (CAS) has already issued a final award in case CAS OG 24/17, raising legal doubts over WFI’s authority to impose additional penalties for the same conduct. He emphasized that Phogat’s right to a fair hearing before the WFI disciplinary committee, with full disclosure and legal representation, is mandatory under principles of natural justice and the WFI constitution.

The WFI disciplinary committee is expected to convene for hearings in the coming weeks, where Phogat’s legal team is likely to challenge the charges based on procedural fairness and prior adjudication by CAS.