Anwar Ali to East Bengal: Why is Mohun Bagan Super Giant trying a legal route and what is the way out for the India defender?

Anwar, 23, prematurely terminated his loan agreement with the Mariners through an e-mail and signed for the Red-and-Gold Brigade days later.

FILE - Anwar Ali of Mohun Bagan Super Giants. | Photo Credit: Focus Sports/ISL

The transfer of India centre-back to East Bengal, following his loan termination at Mohun Bagan Super Giant, has caused a stir in the Kolkata football circuit, leaving fans scratching their heads about the final outcome.

Anwar, 23, prematurely terminated his loan agreement with the Mariners through an e-mail and signed for the Red-and-Gold Brigade days later.

However, Mohun Bagan will have a chance to take a legal route to try and get the defender back, who had been crucial in its Indian Super League Shield-winning campaign, scoring three goals and one assist in 26 games last season.

Why is there a controversy?

“A contract between a professional player and a club may only be terminated upon expiry of the term of the contract or by mutual agreement,” states Article 15 of the All India Football Federation (AIFF) in its Regulation for Status and Transfer of Players (RSTP) rulebook.

The controversy around Anwar’s transfer is because the loan termination looks unilateral. 

What can Mohun Bagan do?

The club can go to the Player Status Committee (PSC) of the All India Football Federation as the first step. However, that has not happened yet.

“To my knowledge, we have not received a petition on this issue so far (11 am),” Savio Messias from the AIFF PSC told  Sportstar.

If Mohun Bagan lodges a complaint about the legality of the transfer, the PSC will look at the cause of the termination.

Therein, if the club can establish that the cause of termination was unjust, being the aggrieved party, it will be compensated, according to article 20 of the AIFF RTSP, as decided by the PSC.

Moreover, if Mohun Bagan fails to find a solution in its favour here, it may refer the case to FIFA’s PSC (also called Players Status Tribune) and – if the ruling still goes against the club – the Court of Arbitration for Sport, later.

Is there a case for Anwar here?

Yes, Anwar’s exit is in accordance with Article 19 of the RSTP, as the transfer happened outside an active transfer window.

Moreover, if the player can establish that the termination happened because of a just cause (Articles 16, 17 and 18), the PSC will rule in favour of him, mandating Mohun Bagan to give a NOC (No Objection Certificate) for his move to East Bengal.

How much time does it take for the PSC to come to a decision?

The time limit set by the PSC ‘shall run for no less than five days and no more than 20 days. In urgent cases, time limits may be reduced, according to the AIFF.

The rulebook further states that ‘if there is legitimate doubt as to the independence and impartiality of the PSC,’ a challenge should be made within five days of the petition.