State v Mohammed Khan [1992] FijiLawRp 4; [1992] 38 FLR 83 (4 May 1992)

[1992] 38 FLR 83

HIGH COURT OF FIJI

Revisional Jurisdiction

THE STATE

v

1. MOHAMMED SHAMSUDIN SAHU KHAN
2. JITENDRA MAHARAJ

ex parte
IOSEVO VISABOTO

Byrne J

4 May 1992

Judicial review- whether certiorari available to quash a decision of the disciplinary committee of a sporting body.

The Applicant was a footballer who was disciplined by the Fiji Football Association and by FIFA following an on-field incident. The High Court HELD: (i) the Applicant not having availed himself of his alternative remedy namely his right of appeal to FIFA and (ii) the public law element not having been satisfied Judicial Review would be refused.

Cases cited

Asmat Ali v Mohammed Jalil and Native Land Trust Board, Civil Appeal No. 111 of 1985
Charles James Work and Others v Manikam Pillay and Others, Lautoka Action No. 319 of 1981
Law v National Greyhound Racing Club [1983] 3 All ER 303
R. v Battle Justices, ex parte Shepherd and Another (1983) Criminal LR 550;

R. v Chief Constable of Merseyside Police, ex parte Calveley, [1986] 1 All ER 257
R. v Epping and Harlow General Commissioners, ex parte Goldstraw [1983] 3 All ER 257

Motion for judicial review in the High Court.

V. Mishra for the Applicant
Dr. M. S Sahu Khan for the Respondents

Byrne J:

This is an application for Judicial Review by way of Certiorari following leave granted by Jayaratne J. on the 14^th of June 1991. The Applicant was at all relevant times an officer of the Fiji Police Force and a member of the Flying Arrow's Soccer Club which is an affiliate of the Ba Football Association. The Ba Football Association is in turn a member of the Fiji Football Association (hereinafter called FFA), which in its turn is affiliated to the world soccer body known as Federation Internationale de Football Association, (hereinafter called FIFA). The Respondents are respectively the President and Secretary of Fiji Football Association.

The decision sought to be quashed is that of the Fiji Football Association of the 4th of June 1991 which suspended the Applicant from playing soccer at all levels namely club, district and national for the whole of the 1991 season. This followed an incident in an Under 23 Olympic Play-off Match at Olympic Park in Melbourne, Australia in which the Applicant punched an Australian opponent and as a result was ordered off the field of play by the referee of the match. It is not disputed by the Applicant that the incident occurred in a preliminary match of the Olympic Tournament and it appears that it resulted in some adverse publicity for Fiji soccer.