Javelin thrower Davinder Singh Kang finally allowed to compete again | More sports News – Times of India
…But delay in doping case hearing led to javelin thrower missing out on Olympic qualifier
NEW DELHI: World Championships finalist Davinder Singh Kang could have been on the flight to Tokyo alongside the eventual gold medallist Neeraj Chopra had the javelin thrower’s doping case involving a prohibited specified substance been decided in time by the National Anti-Doping Agency’s (NADA) disciplinary panel. The athlete had made several appeals for an early hearing into the matter.
As a result of the delay in deciding the matter, Kang not only missed the final qualification event for the Tokyo Olympics (Inter-State Nationals from June 25-29) in Patiala, he was also made to sit out of the competitions for one full year waiting for the pronouncement of judgment in his case.
On Wednesday evening, Kang, an Asian bronze winner, was allowed to return to competitive fold by the disciplinary panel after the Jalandhar-born athlete completed his one-year ban following his decision to opt for the provisional suspension on June 19, 2020. “In the present case, since the athlete had accepted the provisional suspension on June 19, 2020 from participating in the events, the period of his ineligibility of one-year shall commence from the date of acceptance of provisional suspension i.e. June 19, 2020 which stands complete and served and, therefore, the athlete is now permitted to participate in events from the date of the present order,” read the copy of Kang’s detailed order running into 13 pages. The order – a copy of which is with TOI – was signed by the three-member disciplinary panel on August 17, 2021.
In its order, the panel noted: “The hearing panel holds that since the athlete in the present case was negligent and had not informed the doctor (Dr Ankur Hastar of Ryan Hospital in Jalandhar) treating him that he’s an athlete and taken injection ‘dexamethasone’, which is a prohibited substance, without obtaining the Therapeutic Use Exemption (TUE) from NADA, he is liable for sanctions under Article 10.5.1 for ineligibility for a period of six months.”
“That since this is the second anti-doping rule violation of the athlete… the athlete is liable for an enhanced ineligibility period as provided under article 10.7.1 of the anti-doping rules 2015 which is extended by further period of six months,” the order said. In April 2018, Kang was let off with a ‘reprimand’ by the disciplinary panel after testing positive for marijuana. It was considered his first doping offence.
In the present case, it took the NADA almost two years to decide Kang’s fate after collecting his urine sample on August 16, 2019 from the Indian Grand Prix-5 in Patiala, which reported the adverse analytical finding (AAF).
Now, after a delay of 14 months, the disciplinary panel pronounced the verdict in his case, which means he missed out on competing in the Olympics qualifier in Patiala in June, an event from which shot put thrower Tejinder Pal Singh Toor had qualified for Tokyo. Kang’s lawyer Saurabh Mishra had repeatedly requested the disciplinary panel through mails and reminders on June 1, 2, 9, 18 and 25 and July 7, 2021 (TOI is in receipt of all communications), but the disciplinary panel held hearing into the matter through video conferencing only on July 23 and August 4 and 12, 2021 before announcing the retrospective period of ineligibility on August 17, 2021.
“It’s been only two months that I have been looking after the NADA matters. I don’t have much knowledge about the issue. I’ll look into the case file and get back to you. We can speak on Monday,” NADA director general, Siddharth Singh Longjam, told TOI.
Kang, on his part, rued the missed opportunity but sounded happy about returning to the international circuit. “The inordinate delay in hearing made me frustrated. I lost a once-in-a-lifetime opportunity to qualify for the Olympics. It was a hard time for me. Now I hope to give my best again and bring laurels for the country at the CWG, Asian Games and World Championships next year,” he told TOI.
Kang’s lawyer Mishra stated that the justice delayed is justice denied and the speedy trial is the fundamental right of an individual. “We wrote several mails to NADA to expedite the hearing. I would request the sports minister and NADA DG to look into the issue as to why NADA often ends up taking more than three months in completing the hearing against the stipulated mandate of the WADA Code.”
NEW DELHI: World Championships finalist Davinder Singh Kang could have been on the flight to Tokyo alongside the eventual gold medallist Neeraj Chopra had the javelin thrower’s doping case involving a prohibited specified substance been decided in time by the National Anti-Doping Agency’s (NADA) disciplinary panel. The athlete had made several appeals for an early hearing into the matter.
As a result of the delay in deciding the matter, Kang not only missed the final qualification event for the Tokyo Olympics (Inter-State Nationals from June 25-29) in Patiala, he was also made to sit out of the competitions for one full year waiting for the pronouncement of judgment in his case.
On Wednesday evening, Kang, an Asian bronze winner, was allowed to return to competitive fold by the disciplinary panel after the Jalandhar-born athlete completed his one-year ban following his decision to opt for the provisional suspension on June 19, 2020. “In the present case, since the athlete had accepted the provisional suspension on June 19, 2020 from participating in the events, the period of his ineligibility of one-year shall commence from the date of acceptance of provisional suspension i.e. June 19, 2020 which stands complete and served and, therefore, the athlete is now permitted to participate in events from the date of the present order,” read the copy of Kang’s detailed order running into 13 pages. The order – a copy of which is with TOI – was signed by the three-member disciplinary panel on August 17, 2021.
In its order, the panel noted: “The hearing panel holds that since the athlete in the present case was negligent and had not informed the doctor (Dr Ankur Hastar of Ryan Hospital in Jalandhar) treating him that he’s an athlete and taken injection ‘dexamethasone’, which is a prohibited substance, without obtaining the Therapeutic Use Exemption (TUE) from NADA, he is liable for sanctions under Article 10.5.1 for ineligibility for a period of six months.”
“That since this is the second anti-doping rule violation of the athlete… the athlete is liable for an enhanced ineligibility period as provided under article 10.7.1 of the anti-doping rules 2015 which is extended by further period of six months,” the order said. In April 2018, Kang was let off with a ‘reprimand’ by the disciplinary panel after testing positive for marijuana. It was considered his first doping offence.
In the present case, it took the NADA almost two years to decide Kang’s fate after collecting his urine sample on August 16, 2019 from the Indian Grand Prix-5 in Patiala, which reported the adverse analytical finding (AAF).
Now, after a delay of 14 months, the disciplinary panel pronounced the verdict in his case, which means he missed out on competing in the Olympics qualifier in Patiala in June, an event from which shot put thrower Tejinder Pal Singh Toor had qualified for Tokyo. Kang’s lawyer Saurabh Mishra had repeatedly requested the disciplinary panel through mails and reminders on June 1, 2, 9, 18 and 25 and July 7, 2021 (TOI is in receipt of all communications), but the disciplinary panel held hearing into the matter through video conferencing only on July 23 and August 4 and 12, 2021 before announcing the retrospective period of ineligibility on August 17, 2021.
“It’s been only two months that I have been looking after the NADA matters. I don’t have much knowledge about the issue. I’ll look into the case file and get back to you. We can speak on Monday,” NADA director general, Siddharth Singh Longjam, told TOI.
Kang, on his part, rued the missed opportunity but sounded happy about returning to the international circuit. “The inordinate delay in hearing made me frustrated. I lost a once-in-a-lifetime opportunity to qualify for the Olympics. It was a hard time for me. Now I hope to give my best again and bring laurels for the country at the CWG, Asian Games and World Championships next year,” he told TOI.
Kang’s lawyer Mishra stated that the justice delayed is justice denied and the speedy trial is the fundamental right of an individual. “We wrote several mails to NADA to expedite the hearing. I would request the sports minister and NADA DG to look into the issue as to why NADA often ends up taking more than three months in completing the hearing against the stipulated mandate of the WADA Code.”
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