The Pakistan Cricket Board (PCB) is to file an appeal against a judgement of the Islamabad High Court that has overruled all major decisions taken by Najam Sethi as the Board’s interim chairman.
The 30-page judgement has asked for changes in the structure of the PCB, questioned the appointment of the selection committee, as well as its financial and recruitment affairs.
Although the judgement will not affect the Pakistan team currently in the West Indies for a limited-overs series, the report however, said that it cancelled the appointment of Moin Khan as the chairman of selectors, which was one of Sethi’s major decisions.
The report further said that the judgement will affect PCB’s daily affairs, as well as its budget this year, selection of its under-23 teams and that of the national team’s Zimbabwe tour and the renewal of the broadcaster deal, adding that the PCB, in general, has been seized and will remain so till the newly elected chairman takes office.
However, the PCB responded by saying that it will contemplate appealing the judgement, with its legal advisor Taffazul Rizvi saying that the board has not yet received the official copy of the judgement, adding that the decision may have far-reaching consequences for Pakistan cricket as it has the potential of being misinterpreted.
According to Rizvi, some of the findings in the judgement were neither argued nor raised in the pleading of the parties, for which the PCB needed to appeal against the order of the IHC.
Declaring Sethi as a ‘caretaker chairman, the IHC said that any decision taken by Sethi will be null and void as the legalities of the caretaker position does not allow such action, and under the court decision, Sethi will monitor the day-to-day functions of the PCB till a new chairman is elected under the supervision of the Election Commission of Pakistan.
According to the report, this development comes in the wake of Transparency International Pakistan ‘s (TIP) terming Sethi’s appointment as contrary to PCB’s constitution, and amateur cricketer Abdullah Tahir petition against his appointment in the IHC.
“We are still waiting for it but in light of media reports the decision may have far-reaching consequences for Pakistan cricket as it has the potential of being misinterpreted. Some of the findings in the judgement as reported were neither argued nor raised in the pleading of the parties, therefore the PCB will have no other legal option but to file an Appeal, which will be vehemently pursued.”
The IHC has directed the Election Commission of Pakistan (ECP) to carry out fresh elections for the chairman of the Pakistan Cricket Board by October 18 this year.
According to the order, a candidate competing for the post of chairman must be an ex-cricketer, a graduate and also comply with Article 62, 63 in the constitution of the Pakistan.
The High Court has concluded the writ petition filed by a former Rawalpindi Cricket Association official against the board elections held in May, when Ashraf was elected chairman for a four-year term under the new PCB constitution. Ashraf was later suspended from his post by the IHC, after there were questions raised about the legality of his election. The High Court said the process had been “dubious” and “polluted” and Sethi was appointed as interim chairman.
“Practically, Najam Sethi is no more the acting chairman, rather his status is of a caretaker being appointed by the court for a period of 90 days with the objective of looking into the day-to-day affairs of the PCB, cooperate and ensure the holding of elections by the Election Commission of Pakistan within the stipulated period commencing from July 21 to October 18, which period shall not be extended on any pretext whatsoever,” Justice Shaukat Aziz Siddiqui wrote in his judgement.
“Now, in order to achieve the objective of a free, fair, credible and transparent election, this court is convinced that this objective can be achieved with the help of Election Commission of Pakistan, (which) shall hold the election of the chairman of the PCB within ninety days starting from July 21, 2013.”
The judgement will affect the PCB’s daily affairs, as well as its budget this year, selection of its Under-23 teams and that of the national team’s Zimbabwe tour and the renewal of the broadcaster deal. The PCB, in general, has been seized and will remain so till the newly elected chairman takes office. The PCB, being an autonomous body, isn’t regulated by the government, and engaging the ECP for electing the PCB chairman is a complex scenario to carry out.
Justice Siddiqui although didn’t suspend the entire constitution, but has suspended the process of the appointment of the PCB chairman.
“Appointment of members of the selection committee, its chairman and other appointments/termination of services in the PCB as well as any major decision shall be the right domain of the newly elected chairman of the PCB,” Justice Siddiqui wrote.
“Criteria for appointment of the selection committee is also highly questionable but no remedial steps are being taken to bring credible criteria of the nomination/appointment of the member of the selection committee and its chairman. The decades-old formula of appointing the committee needs to be reviewed, all the regions to be given the right to be a member of the selection committee on rotation. The scope of the selection committee is required to be enhanced by including one sports journalist, cricket commentator and one keen follower of the game of cricket having sufficient knowledge from the general public.”
