New Delhi (PTI): Double Asian Games silver medallist Dutee Chand will challenge the four-year ban imposed on the celebrated Indian athlete by the National Anti-Doping Agency (NADA) for failing two out-of-competition dope tests for a banned substance.
The 27-year-old 100m national record holder was on Thursday served the ban after two samples taken in December last year were found to contain "other anabolic agents/SARMS", which is listed under "WADA's 2023 prohibited list of non-specified substances".
The samples were taken on December 5 and 26 respectively and both returned positive for almost identical substances.
SARMS, or selective androgen receptor modulators, are non-steroidal substances commonly used to treat osteoporosis, anaemia and wound healing in patients.
Dutee's ban will be effective from January 3 this year and all her competitive results will be scrapped from the date the first sample collection took place (December 5, 2022).
Dutee's counsel Parth Goswami told PTI on Friday that the sprinter had been a "clean athlete" all her professional career and it was a case of "unintentional consumption". The athlete had won silver medals in 100 and 200m at the 2018 Jakarta Asian Games and holds the national record of 11.17 sec in 100m (2021).
"For us, this is a clear case of unintentional consumption of a banned substance. We were clearly able to establish the source of the substance in the body, which is a substantial proof of lack of intent. The substance was never used to gain any sporting advantage," said Goswami.
"We are in process of filing an appeal. We are hopeful that we will be able to convince the appeal panel," he added.
"Dutee is the pride of India and is a clean athlete. She has had an illustrious career of over a decade. She has undergone hundreds of dope tests internationally and nationally and has always been clean in her long career," added Goswami.
Dutee and her counsel had also claimed before NADA's Anti-Doping Disciplinary Panel (ADDP) that it was a case of "unintentional consumption".
"The athlete and her counsel had without refuting the findings of the NDTL (National Dope Testing Laboratory) report stated that the consumption of the said substance was unintentional and the ingestion of the same had been advised by the physiotherapist who was being regularly consulted by the athlete," said the ADDP order.
"The athlete and her counsels submitted that the said physiotherapist had been attached with the athlete from the Pullela Gopichand Academy where the athlete was training under special permission."
Dutee's counsel had submitted that the sprinter was "hyperandrogenic" owing to which she was having "severe groin pain" because of which the treatment was recommended.
ADDP said that the athlete had "delegated the task of purchasing the drugs to her friend", who was also a witness in the case.
"(The witness) before giving his deposition had submitted an affidavit where he stated that he himself went to the shop to buy the said supplement for hormonal disbalance but, on the contrary, during his cross-examination (the witness) denied buying the said supplement in person but rather re-delegating to his manager," ADDP noted.
"The admitted fact on the affidavit placed before the ADDP and the cross-examination of the witness highlights there are glaring contradictions in the fact put forth before the panel by the witnesses, thereby raising legitimate concerns regarding the reliability of the statements made by the witness," said ADDP order.
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New Delhi, Apr 13 (PTI): Extraction of water through illegal borewells is nothing less than a sin, the Delhi High Court has observed while calling for imposition of "some kind of deterrence" on offenders.
The high court lamented that if such illegal borewells are not stopped, Delhi might end up facing a similar situation as happened in South Africa's Johannesburg a few years back when the city had no water.
"Some kind of deterrence needs to be imposed. It is nothing less than a sin the way illegal borewells are reducing the water level. Do you know what happened in Johannesburg? A few years ago the city had no water for several months. They faced a major water crisis. Do you want that situation to come up in Delhi also?" said a bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela on April 9.
The court questioned the civic authorities as to how they could even permit borewells that too for constructions.
The court was hearing a plea by Sunil Kumar Sharma, an advocate, claiming that several borewells or submersible pumps were illegally installed at an under construction building at Goenka Road in Roshanara area here and sought their removal.
The petitioner also informed the court that the Municipal Corporation of Delhi (MCD) has responded in an RTI application that six borewells were found installed in the building.
Whereas, the SDM of Daryaganj has responded to the RTI application that three borewells were found in the building, which have been sealed, Sharma said.
The court ordered a joint survey of the property by high ranking officials of the MCD, DJB and SHO of the area.
"Having regard to the ever decreasing water level on account of such illegal activities, we direct a survey be conducted of such building by a team of high ranking officials nominated by the MCD commissioner, Delhi Jal Board CEO respectively and the SHO of police station concerned," the bench said, adding that the team should conduct the survey within 10 days and file a report.
The court also directed that if any illegal borewell is found functional at the site, appropriate action be taken by the authorities.
It further directed if the survey team finds that illegal borewells were earlier functional, it should mention in its report about the number of such machines and since when they were functional.
On the basis of findings of the report, it would consider imposing environmental compensation on the building owners for causing harm to water level, the bench said and listed the matter for further hearing on July 30.
The petitioner claimed in the plea that the building owner was constructing around 100 flats on the plot and the borewells were causing substantial harm to the residents of the area and it could also damage the environment.
He said that he has given representations to the authorities but no action has been taken.