Sports News | Asiad Medallist Poovamma Returns to Action Post Dope Ban, Says Ordeal Made Her 'mentally Distressed'
Get latest articles and stories on Sports at LatestLY. The comeback of Asian Games medallist quarter-miler MR Poovamma after a doping ban has become a saga of twists and turns with the NADA's anti-doping appeal panel (ADAP) finally deciding the date of return in her favour, following the intervention of Kerala High Court.
New Delhi, Nov 2 (PTI) The comeback of Asian Games medallist quarter-miler MR Poovamma after a doping ban has become a saga of twists and turns with the NADA's anti-doping appeal panel (ADAP) finally deciding the date of return in her favour, following the intervention of Kerala High Court.
The 33-year-old Poovamma, a multiple medallist in the individual 400m and 4x400m relay race in the 2014 and 2018 Asian Games, ran for Karnataka in the National Games on Wednesday to mark her return.
In an unprecedented move, an ADAP of the National Anti-Doping Agency (NADA) reviewed its earlier decision, after an order from Kerala High Court, and ruled that the 2-year ban imposed on Poovamma in June 2022 should commence from the date of sample collection -- February 18, 2021.
The decision came after Poovamma petitioned the high court, seeking clarity about the commencement of her ineligibility period -- whether it should be June 16, 2022 (the date of ADAP decision) or the date of sample collection -- February 18, 2021.
In an apparent mistake, the ADAP order of June 16, 2022 did not mention the date of commencement of her 2-year ban period.
Poovamma was born in Karnataka but is married to former international level 400m runner Jithin Paul from Kerala. That is why she petitioned the Kerala High Court.
The National Games in fact marked her return to action for the second time. On July 28, Poovamma competed at the Sri Lankan National Championships after the NADA informed the Athletics Federation of India that her two-year ban period had ended.
But NADA later wrote to Poovamma that it was because of an error that it had informed the AFI about the period of suspension and the end of ineligibility period would run till June next year -- two years after ADAP decision dated June 16, 2022.
She was issued notice by the NADA twice after which she knocked the doors of the high court.
The ordeal Poovamma endured while trying to find out her date of return left her "mentally distressed", apart from the lost of time.
"Finally, I can return to action now. The ordeal is over, though it left me mentally distressed," Poovamma told PTI from Goa.
In between, Poovamma had even approached the Switzerland-based Court of Arbitration for Sports (CAS).
Paul said they were told to deposit Rs 6 lakh within a short time for a hearing at the CAS to start.
"We were told to deposit Rs 6 lakh within three days to start hearing at the CAS. We could not arrange that big sum in that short period," Paul said.
The crux of the problem was that the anti-doping disciplinary panel as well as the anti-doping appeal panel of the NADA did not mention the date of commencement of Poovamma's ban period.
But the order from the NADA ADAP had mentioned that all competitive results (along with medals, points and prizes) from the date of sample collection (February 18, 2021) would be annulled.
This fact was emphasised by the Kerala High Court in its order dated September 30, which asked the NADA ADAP to re-hear the case and pass an order within one month.
The ADAP did so on October 27 and intimated the Athletics Federation of India on Wednesday which allowed her to run in the race in Goa.
Poovamma's dope sample collected on February 18, 2021, had returned positive for stimulant methylhexaneamine, a specified substance under World Anti-Doping Agency (WADA) Code.
The Anti-Doping Disciplinary Panel of the NADA had handed her just three months suspension on June 16, 2022.
On appeal by the National Anti-Doping Agency (NADA) against the disciplinary committee decision, the ADAP had on September 16, 2022, handed Poovamma a two-year ban.
The high court said if the contention of the respondent (NADA) was to be accepted "the detriment the petitioner would have to face, prima facie, would run from 18.02.2021 till 16.06.2024 which would be more than two years.
"...the competent appellate authority order that her penalty would be for two years, but without specifying a date for it to commence, and if it is to be assumed it would have to be run from 16.06.2022, then the observations that her medals, points and prizes would stand forfeited from 18.02.2021 certainly appears to be, at first blush, anachronistic," the single bench of Justice Devan Ramachandran said in the order.
The NADA ADAP headed by Abhinav Mukerji ruled in its order dated October 27 that the ban period will commence from the date of the sample collection -- February 18, 2021 -- in view of the delay taken place while processing the case.
The ADAP said that the interpretation of the high court is binding on it.
"The effect of the ratio of the said judgment is that in cases where the athlete does not accept provisional suspension and an ineligibility period is imposed commencing from the date of the order of the appropriate panel, the effect of Rule 10.10 of the Rules of 2021 would stand obviated else it would amount to retrospective sanction being imposed beyond the prescribed period."
(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)