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W.P. 2242-2013 MAJOR ® AHMAD NADEEM SADAL, Vs
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Transcript of W.P. 2242-2013 MAJOR ® AHMAD NADEEM SADAL, Vs
JUDGMENT SHEET.
IN THE ISLAMABAD HIGH COURT, ISLAMABAD.
JUDICIAL DEPARTMENT.
W.P No.2242 of 2013
MAJOR ® AHMAD NADEEM SADAL,
Vs.
FEDERATION OF PAKISTAN, ETC.
PETITIONER BY: Mian Abdul Rauf, Hafiz Asad and Ch. Tanvir
Hunjra, Advocates
RESPONDENTS BY: Mr. Tariq Mehmood Jehangiri, learned DAG for
respondent Nos.1 & 3
M/s Irfan Ullah, Taffazul Rizvi, Syed Hussain
Ibrahim Kazimi, Barrister Momin Ali Khan &
Imtiaz Rashid Siddiqui, Advocates.
Mr. Aftab Gul, Advocate.
Mr. Afnan Karim Kundi, Advocate.
Mr. Najam Sethi, Acting Chairman, PCB.
DATE OF DECISION: 04.07.2013.
------------------------------------------------------------------------------------------------------------
SHAUKAT AZIZ SIDDIQUI; J: Petitioner invoked the
constitutional jurisdiction of this court by way of filing instant writ petition with
the following prayer:-
“It is, therefore, respectfully prayed that the instant writ petition may
kindly be accepted, the paragraphs 28 & 29 and definition of Nomination
Committee may kindly be declared as illegal, unlawful, ultra vires the
constitution, without lawful authority and jurisdiction and of no legal effect, the
same be set aside/struck down in the interest of justice.
It is further prayed that the Chairman (respondent #4) of PCB be
restrained from performing his function till the time his appointment is validated
under the approved Constitution by Board of Governors, General Body, Cabinet
Division and Ministry of Inter Provincial Coordination, Government of Pakistan.
It is also prayed that the Chairman (Respondent # 4) may also be
restrained from conducting any meeting posing himself the Chairman of Pakistan
Cricket board in any manner whatsoever till the final decision of the main writ
petition.
It is further prayed that re-election may be conducted under the Election
Commission providing clear chance to the Ex-Cricketers to contest the said
election.
Any other relief which this Hon’ble Court deems just and proper may
also be granted to the petitioner.”
And presented the facts as under:-
[2] W.P.No. 2242/2013
2. Petitioner is a Graduate, Cricketer since 1980, remained Coach of
Army Cricket Team from 2007 to 2011 and also qualified level 1 & 2 of Pakistan
Cricket Board. Pakistan Cricket Board is a juristic/statutory body incorporated
under Section 3 read with Section 4 of the Sports (Development and Control
Ordinance, 1962 (XVI of 1962). The President of Islamic Republic of Pakistan
acts as the Patron, whereas the Board is constituted of following:-
a. Chairman
b. Board of Governors
c. General Body
The respondents in exercise of its unchecked and unbridled powers
and without lawful justification attempted to transfigure the selection process of
appointment of Chairman into an elected one in slip shod manner in complete
disregard of provision of the Constitution and the law. It is contended that
impugned constitution is illegal, unlawful, unconstitutional, ultra vires, without
lawful authority and of no legal effect against public interest and also in negation
of electoral process and the petitioner challenges the same inter alia on the
grounds that election held on 08.05.2013 for the selection of Chairman Cricket
Board i.e respondent No.4 is against paragraphs 28 & 29 of the Constitution of
Pakistan Cricket Board and selection of Chairman Pakistan Cricket board is based
upon malafide intentions and ulterior motives as the same is a matter of pick and
choose. That, as per 19th
amendment in the constitution of Islamic Republic of
Pakistan, 1973, all the powers of President of Pakistan has been given to the Prime
Minister, therefore, notification dated 13.02.2013 for the constitution of Pakistan
Cricket Board must be presented earlier before Cabinet Division for its approval
but the same was no done, hence the Acting Chairman of Pakistan Cricket Board
has no legal authority and all his decisions are null and void and against the law
having no legal sanctity. That, the Board of Governors has not been properly
constituted because there is no representation of Province of Punjab in Board of
Governors and the same is contrary to the provision of para 9(2) of the
[3] W.P.No. 2242/2013
Constitution of Pakistan Cricket Board; ICC prohibits the interference of the
Government into the administrative matter of the Board whereas paragraphs 28 &
29 along with definition of Nomination Committee explains/shows the direct
involvement of Government into these matters. It is further contended that
paragraph 46 of constitution of Pakistan Cricket Board provides for the
transitional arrangements which are necessary in nature, bare perusal of same
reveals that chairman at the time of enactment will be deemed to be recommended
nominee of the Patron but despite lapse of considerable period, the incumbent has
not been validated under the new constitution. That the points raised in the petition
are of great public importance inasmuch as the same involve interpretation and
applicability of the constitution of Board.
3. Learned counsel for petitioner argued that respondent No.4 maneuvered
and procured the office of Chairman, PCB through engineered and polluted
process, as even the members of electoral college were not communicated with
regard to extraordinary meeting in which respondent No.4 allegedly was elected as
Chairman. It is further contended that even so called election was not properly
advertised and entire process took place in a clandestine manner in order to
achieve the nefarious designs of respondent No.4, even the new constitution of
PCB notified through SRO dated 13th
Feb. 2013 is result of undue influence of
respondent No.4, to achieve the objectives of personal agenda and not for good
governance in PCB and for promotion of game of Cricket in Pakistan, therefore, is
liable to be struck down.
4. On the other hand respondent No.3 & 4 filed their reply and parawise
comments separately and prayed for dismissal of writ petition. Respondent No.3 in
its para wise comments inter alia contended that factual position is that the Cabinet
Division, Government of Pakistan issued a notification dated 29th
June, 2011
under the decision of the implementation commission, constituted under clause 9
of Article 270 AA of the constitution and approval of the cabinet assigned the
[4] W.P.No. 2242/2013
Pakistan Cricket Board to the Ministry of IPC. The constitution of PCB was
forwarded to the Ministry of Law and justice for vetting under the rules of
business 1973, which are framed under the Articles 90 and 99 of the Constitution.
The vetted copy of the constitution of PCB was notified on 13th
February, 2013
vide SRO No.100(I)/2013 under the Sports Development and Control Ordinance,
1962 and rules by the Ministry of Inter Provincial Coordination. That constitution
of the PCB has been framed in compliance with the spirit/rules of ICC as much as
possible and under due guidance of the Patron’s office after endorsement of the
Law Division as per rules of business and Government has not been involved in
the internal matters of the Pakistan Cricket Board, the Federal Government has no
intention to interfere in the affairs of the PCB which functions as an independent
statutory body under the provision of its own constitution.
5. Respondent No.4 through his reply and parawise comments on grounds
submitted that the election were held in accordance with the parameters laid down
in paragraph No.28 and 29 of the Constitution of PCB and the appointment of
answering respondent as Chairman was unanimously endorsed by the BOG on
08.05.2013. That, writ petitioner has failed to point out any malafide. It is
contended that PCB is a juristic entity, under the Ordinance, by itself, it does not
fall within the preview of the Rules of Business, 1973 framed under Article 90 and
99 of the Constitution of 1973. The present constitution has duly been vetted and
notified by the respondent No.3, the role of the Patron, in the context of functions
of PCB, is that of a benefactor only his participation relates to the functions
assigned to him under the previous or present constitution. That, admittedly
notification of 13.02.2013 has been issued by respondent No.3 and enjoyed the
sanction of the Federal Government. Indeed the process of election/appointment of
the Chairman of PCB is not a matter which requires the sanction or endorsement
of the Prime Minister either under the Ordinance or the Constitution of PCB. The
process was routed through Nomination Committee and then considered by the
[5] W.P.No. 2242/2013
BOG; the Chairman did not join the proceedings of the BOG when the said
business was transacted. That the Chairman, PCB was appointed under previous
Constitution and his tenure there under was to continue till October, 2014,
therefore, protection to his office in transition was a valid consideration duly
accepted by all including ICC.
I have heard the learned counsel for parties and perused the record.
6. Vide order dated 28.05.2013, this court restrained the respondent No.4 (Mr.
Zaka Ashraf) from acting and performing the duties of Chairman, PCB till next
date of hearing. On the date of hearing of 13.06.2013 M/s Imtiaz Rashid Siddiqui,
Tafazzul Rizvi, Afnan Karim Kundi, Advocates and Barrister Momin Ali Khan,
put appearance to represent respondent No.4 and submitted that annual General
Meeting of ICC scheduled to be held in the last week of June, 2013 in England,
U.K, so respondent No.4 be permitted to attend the meeting but this court declined
the request, however, directed the respondent No.3 (Ministry of Inter Provincial
Coordination) to appoint Acting Chairman, PCB fully qualified to be appointed as
Chairman till final disposal of the petition with the authority to attend ICC
meeting. On 19.06.2013, learned counsel for respondent No.3 informed the court
that Ministry proposed the names of Mr. Majid Khan (Ex-Cricketer), Chishti
Mujahid (Commentator & Analyst) and Mr. Mumtaz Rizvi (Bureaucrate) for
Acting Chairman, PCB, however, subsequent to hearing on the above date, the
Prime Minister appointed Mr. Najam Sethi although his name was not amongst
the panel of nominees placed before this court. This court is conscious of the fact
that discretion lies with the Prime Minister, but when the matter was subjudiced
before this court then, Ministry concerned i.e Respondent No.3 should have
informed the court that the Prime Minister intended to appoint Mr. Najam Sethi as
Acting Chairman instead of anyone from the panel. Vide order dated 01.07.2013,
this court issued notice to Mr. Najam Sethi, who put appearance and explained the
background in which the Prime Minister asked him to perform the duties of Acting
[6] W.P.No. 2242/2013
Chairman PCB, he also informed the Court that meeting of ICC has been attended
by him in compliance of the order dated 13.06.2013, passed by this Court. As
observed before the Government should have placed the information before this
Court that name of Mr. Najam Sethi being included in the panel by moving an
application (C.M). Even otherwise the appointment of Acting Chairman, PCB, as
directed by this Court, was till final disposal of the writ petition, mainly with the
object that Acting Chairman may be able to attend the ICC meeting. The order of
his appointment as Acting Chairman seized to hold field after 4th
July, 2013 when
this Court finally decided the writ petition. Practically, Mr. Najam Sethi is no
more Acting Chairman rather his status is of Caretaker being appointed by this
Court for a period of ninety (90) days with the object to look into day to day
affairs of PCB, cooperate, and ensure the holding of election by the Election
Commission of Pakistan within the stipulated period commencing from 21st July,
2013 to 18th
October, 2013, which period shall not be extended on any pretext
whatsoever. Appointment of members of Selection Committee, its Chairman and
other appointments /termination of services in the PCB as well as any major
decision shall be right and domain of the newly elected Chairman, PCB. The best
way to avoid the probability of any administrative problem is to hold election as
early as possible and it is not necessary that PCB wait till the end of 90 days
period.
7. Before going to the main issue I may provide some facts from the
history of game of cricket:-
History of cricket
The game of cricket has a known history spanning from the 16th century to
the present day, with international matches played since 1844, although the
official history of international Test cricket began in 1877. During this time, the
game developed from its origins in England into a game which is now played
professionally in almost all the Commonwealth Countries and in other parts of the
world.
[7] W.P.No. 2242/2013
Origin
No one knows when or where cricket began but there are traces that
strongly suggests the game was devised during Saxon or Norman times by
children living in the Weald, an area of dense woodlands and clearings in south-
east England that lies across Kent and Sussex. It is generally believed that cricket
survived as a children's game for many generations before it was increasingly
taken up by adults around the beginning of the 17th century. Possibly cricket was
derived from bowls, assuming bowls is the older sport, by the intervention of a
batsman trying to stop the ball from reaching its target by hitting it away. Playing
on sheep-grazed land or in clearings, the original implements may have been a
matted lump of sheep’s wool (or even a stone or a small lump of wood) as the ball;
a stick or a crook or another farm tool as the bat; and a stool or a tree stump or a
gate (e.g., a wicket gate) as the wicket.
Growth of Test cricket
When the Imperial Cricket Conference (as it was originally called) was
founded in 1909, only England, Australia and South Africa were members. India,
West Indies and New Zealand became Test nations before the Second World War
and Pakistan after independence. The international game grew with several
"affiliate nations" getting involved and, in the closing years of the 20th century,
three of those became Test nations also: Sri Lanka, Zimbabwe and Bangladesh.
Test cricket remained the sport's highest level of standard throughout the
20th century but departure from the phrase that Cricket is gentlemen’s game was
made, notably in the infamous “Bodyline Series” of 1932-33 when Douglas
Jardine’s England used so-called “leg theory” to try and neutralize the run-scoring
brilliance of Australia’s Don Bradman. Since then occasional incidents of bad
taste occurred but game’s spirit remained alive.
[8] W.P.No. 2242/2013
However, in the year 1977, another cricketing crisis arose when the
Australian media magnate Kerry Packer fell out with the Australian Cricket Board
over TV rights. Taking advantage of the low remuneration paid to players, Packer
retaliated by signing several of the best players in the world to a privately run
cricket league outside the structure of international cricket. World Series Cricket
hired some of the banned South African players and allowed them to show off
their skills in an international arena against other world-class players. The schism
lasted only until 1979 and the "rebel" players were allowed back into established
international cricket, though many found that their national teams had moved on
without them. Long-term results of World Series Cricket have included the
introduction of significantly higher player salaries and innovations such as
coloured kit and night games. Unfortunately, Kerry Packer’s theme changed the
approach of cricketers, money become consideration for playing the game, and
due to this very reason, at time questions about the credibility of players arose and
their poor performance felt dubious and cause of some irrelevant consideration.
Limited-overs cricket
In the 1960s, English county teams began playing a version of cricket with
games of only one innings each and a maximum number of overs per innings.
Starting in 1963 as a knockout competition only, limited overs grew in popularity
and in 1969 a national league was created which consequently caused a reduction
in the number of matches in the County Championship.
Although many "traditional" cricket fans objected to the shorter version of
the game, limited overs cricket did have the advantage of delivering a result to
spectators within a single day; it did improve cricket's appeal to younger or busier
people; and it did prove commercially beneficial.
The first limited overs international match took place at Melbourne Cricket
Ground in 1971 as a time-filler after a Test match had been abandoned because of
[9] W.P.No. 2242/2013
heavy rain on the opening days. It was tried simply as an experiment and to give
the players some exercise, but turned out to be immensely popular. Limited overs
internationals (LOIs or ODIs, after one-day Internationals) have since grown to
become a massively popular form of the game, especially for busy people who
want to be able to see a whole match. The International Cricket Council reacted to
this development by organising the first Cricket World Cup in England in 1975,
with all the Test playing nations taking part.
Increasing use of technology
Limited overs cricket increased television ratings for cricket coverage.
Innovative techniques that were originally introduced for coverage of LOI matches
were soon adopted for Test coverage. The innovations included presentation of in-
depth statistics and graphical analysis, placing miniature cameras in the stumps,
multiple usage of cameras to provide shots from several locations around the
ground, high speed photography and computer graphics technology enabling
television viewers to study the course of a delivery and help them understand an
umpire's decision.
In 1992, the use of a third umpire to adjudicate runout appeals with
television replays was introduced in the Test series between South Africa and
India. The third umpire's duties have subsequently expanded to include decisions
on other aspects of play such as stumpings, catches and boundaries. Now with the
induction of DRS, the third umpire is called upon to adjudicate on call of review,
on the basis of virtual reality tracking technology (i.e., Hawk-Eye) that is
approaching perfection in predicting the course of a delivery.
21st-century cricket
Cricket remains a major world sport in terms of participants, spectators and
media interest.
[10] W.P.No. 2242/2013
The ICC has expanded its development programme with the goal of
producing more national teams capable of competing at Test level. Development
efforts are focused on African and Asian nations; and on the United States. In
2004, the ICC Intercontinental Cup brought first-class cricket to 12 nations,
mostly for the first time.
In June 2001, the ICC introduced a "Test Championship Table" and, in
October 2002, a "One-day International Championship Table". Australia has
consistently topped both these tables in the 2000s.
Cricket's newest innovation is Twenty20, essentially an evening
entertainment. It has so far enjoyed enormous popularity and has attracted large
attendances at matches as well as good TV audience ratings. The inaugural ICC
Twenty20 World Cup tournament was held in 2007 with a follow-up event in
2009. The formation of Twenty20 leagues in India – the unofficial Indian Cricket
League, which started in 2007, and the official Indian Premier League, starting in
2008 – raised much speculation in the cricketing press about their effect on the
future of cricket.
History of Pakistan Cricket:
Structure of Pakistan cricket, presently is based on the following regional
cricket associations:-
1. Larkana Region
2. Islamabad Region
3. Karachi Region
4. Rawalpindi Region
5. Faisalabad Region
6. Abbottabad Region
7. Sialkot Region
8. Lahore Region
9. Peshawar Region
10. Multan Region
11. Hyderabad Region
[11] W.P.No. 2242/2013
12. Quetta Region
13. Dera Murad Jamali Region
14. FATA Region
15. Bahawalpur Region
The distribution of districts amongst the regions with effect from 14.11.2012 is as
under:-
Abbottabad Region 1. Abbottabad
2. Mansehra
3. Haripur
4. Swabi
5. Mardan
6. Buner
7. Dir Upper
Faisalabad Region 1. Faisalabad
2. Sargodha
3. Jhang
4. Bhakkar
5. Kasur
Hyderabad Region 1. Hyderabad
2. Mirpurkhas
3. Sanghar
4. Badin
5. Thatta
6. Shaheez Benazirabad
Islamabad Region 1. Four Zones
2. Gilgit Baltistan
Karachi Region 1. Zone-I
2. Zone-II
3. Zone-III
4. Zone-IV
5. Zone-V
6. Zone-VI
7. Zone-VII
Lahore Region 1. East Zone
2. North Zone
3. West Zone
Bahawalpur Region 1. Bahawalpur
2. Bahawalnagar
3. Rahimyar Khan
4. Layyah
5. Muzaffargarh
6. Rajanpur
Dera Murad Jamali Region 1. Naseerabad
2. Sibi
3. Loralai
FATA Region 1. South Waziristan - FR. Tank
- FR D.I.Khan
2. North Waziristan - FR.
Bannu - FR Lakki
3. Kuram Agency
4. Bajour Agency
5. Mamond Agency - FR.
Kohat & FR. Peshawar
6. Khyber Agency
7. Tank
8. D.I. Khan
9. Bannu
10. Kohat
Multan Region 1. Multan
2. Vehari
3. Khanewal
4. Dera Ghazi Khan
5. Sahiwal
6. Okara
7. Lodhran
Peshawar Region 1. Peshawar
2. Nowshehra
3. Charsadda
4. Dir Lower
5. Swat
[12] W.P.No. 2242/2013
Larkana Region 1. Larkana
2. Dadu
3. Khairpur
4. Sukkur
5. Shikarpur
6. Jacobabad
Sialkot Region 1. Sialkot
2. Gujranwala
3. Hafizabad
4. Narowal
5. Gujrat
6. Mandi Bahauddin
7. Sheikhupura
Quetta Region 1. Quetta
2. Pishin
3. Killa Abdullah Chaman
4. Kalat
5. Naushki
6. Turbat
Rawalpindi Region 1. Rawalpindi
2. Chakwal
3. Jhelum
4. Attock
5. Azad Jammu Kashmir
6. Mianwali
Total Districts: 93
Cricket Grounds
Stadium/City Test Matches ODI Matches
Jinnah Stadium Sialkot 4 9
Zafar Ali Stadium Sahiwal 0 2
Gaddafi Stadium Lahore 38 49
Ayub National Stadium Quetta 0 2
National Stadium Karachi 39 32
Niaz Stadium Hyderabad 5 6
Jinnah Stadium Gujranwala 1 11
Ibn-e-Qasim Bagh Stadium Multan 1 6
Arbab Niaz Stadium Peshawar 6 15
Iqbal Stadium Faisalabad 24 12
Pindi Club Ground Rawalpindi 1 2
Sargodha Stadium Sargodha 0 1
Rawalpindi Cricket Stadium
Rawalpindi
8 21
Bugti Stadium Quetta 0 1
Sheikhupura Stadium Sheikhupura 2 1
Multan Cricket Stadium Multan 5 4
Pakistan’s team captains:
Name /Captaincy Period
1. Abdul Kardar 1952/53 – 1957/58
2. Fazal Mahmood 1958/59 – 1960/61
3. Imtiaz Ahmed 1959/60 – 1961/62
4. Javed Burki 1962
5. Hanif Mohammad 1964/65 – 1967
6. Saeed Ahmed 1968/69
7. Intikhab Alam 1969/70 – 1974/75
8. Majid Khan 1972/73
9. Mushtaq Mohammed 1976/77 – 1978/79
10. Wasim Bari 1977/78 – 1978
11. Asif Iqbal 1979/80
[13] W.P.No. 2242/2013
12. Javed Miandad 1979/80 – 1992/93
13. Imran Khan 1982 – 1991/92
14. Zaheer Abbas 1983/84 – 1984/85
15. Wasim Akram 1992/93 – 1999/00
16. Waqar Younis 1993/94 – 2002/03
17. Saleem Malik 1993/94 – 1994/95
18. Rameez Raja 1995/96 – 1996/97
19. Saeed Anwar 1996/97 – 1999/00
20. Aamer Sohail 1997/98 – 1998/99
21. Rashid Latif 1997/98 – 2003
22. Moin Khan 1998/99 – 2000/01
23. Inzamam-ul-Haq 2000/01 – 2006/07
24. Mohammad Yousuf 2003/04 – 2004/05
25. Younis Khan 2005 – 2005/06
26. Abdul Razaq 2006
27. Shoaib Malik 2007/2009
28. Younis Khan 2009
29. Mohammad Yousuf 2010
30. Shahid Afridi 2010/2011
31. Misbah-ul-Haq 2010-2011/2013
Notes: Kardar led the first Pakistani team to victory over all the Test playing
nations of the 1950s, including historic victories over England in England in 1954,
and against Australia in Karachi in 1956. Imran Khan led Pakistan to a World Cup
victory in 1992 in Australia.
The Pakistani cricket team is administrated by the Pakistan Cricket Board.
Pakistan is a full member of the International Cricket Council with Test, one-day
international and T20 status. Presently, Pakistan is ranked 5th
in the ICC Test
ranking, 6th
in the ICC ODI Championship and 4th
in T20.
Following the Independence in 1947, and the establishment of the separate
nation state of Pakistan, cricket in the country developed steadily and Pakistan was
given Test Match status at a meeting of the Imperial Cricket Conference held at
Lord’s Cricket Ground on 28 July 1952. Pakistan’s first Test Match was played in
Delhi in October 1952 as part of a five Test series which India won 2-1. Pakistan
made their first tour of England in 1954 and drew the series 1-1 after a memorable
victory at The Oval in which fast bowler Fazal Mahmood (late) took 12 wickets.
Pakistan’s first home Test match was in Dacca in January 1955 against India, after
which four more Test matches were played at Bahawalpur, Lahore, Peshawar and
[14] W.P.No. 2242/2013
Karachi (all five matches in the series were drawn,the first such occurrence in test
history).
Pakistan Cricket team is considered as a strong unit but unpredictable as
well. Traditionally Pakistani cricket has been filled with players of great talent but
limited discipline, making them a team which could play inspirational cricket one
day and then perform less than ordinarily another day.
INNOVATIONS
• Reverse swing was first discovered by Sarfraz Nawaz in the 1970s;
• Saqlain Mushtaq is credited with inventing the delivery now known as the
“doosra”;
• Saeed Ajmal mastered in this art and also innovated delivery called
“teesra”;
• Leg spin art taken to its height by Abdul Qadir, it is said that no other
bowler had the variety which he possessed.
� It is Pakistan’s credit that idea of neutral umpires was presented by Imran
Khan.
Famous moments
� 1986 Australasia Cup
The 1986 Austral-Asia Cup, played in Sharjah, is remembered as a famous
last-ball victory for Pakistan against arch-rivals India, with Javed Miandad
emerging as a national hero. The shot is still considered as one of the most historic
moments in ODI cricket history.
� 1992 Cricket World Cup
The 1992 Cricket World Cup in Australia & New Zealand marked
Pakistan’s first World Cup victory. It is remembered for the improbable comeback
Pakistan made after losing key players such as Waqar Younis and Saeed Anwar,
and being led by an injured captain in Imran Khan. Pakistan lost 4 of their first 5
matches and were nearly eliminated in the first round of the tournament after
being bowled out for 74 against England, until the match was declared a “no
[15] W.P.No. 2242/2013
result” due to rain. Captain Imran Khan famously told the team to play “as
cornered tigers”, after which Pakistan won five successive matches, including,
most famously, the semi-final against hosts New Zealand and the final against
England.
Other Historical Victories of Pakistan Team:
� T20 World Cup in the year 2009;
� Asia Cup in the years 2000 & 2012;
� Triangular Series held in Australia in year 1997;
Outstanding performances in Test Matches:
� Fazal Mehmood took 12 wickets against England in year 1954 at Oval;
� Imran Khan took 12 wickets against Australia in year 1977 at Sydney;
� Sarfraz Nawaz took 11 wickets against Australia in year 1979 at MCG;
� Mohsin Hassan Khan scored first every double century from any Pakistani
batsman against England in year 1982 at Lords;
� Pakistan’s historical test match win against India in year 1998-99 at
Chennai;
� Pakistan’s victory against India in Asian Test Championship Match in year
1998-99 at Calcutta;
� Pakistan bowled out Australia at the lowest score of 80 in first innings in
year 1956 at National Stadium;
Triple Centuries:
� Hanif Muhammad scored triple century against West Indies in year 1958 at
Kensington Oval, Bridge Town;
� Inzamam-ul-Haq scored triple century against New Zealand in year 2002 at
Qaddafi Stadium, Lahore;
� Yunis Khan scored triple century against Sri Lanka in year 2009 at National
Stadium Karachi;
Maximum Runs in One Calendar Year:
� Mohammad Yousaf scored 1788 test runs in one calendar year 2006
beating record of Sir Vivian Richards of runs 1710 made in year 1976;
[16] W.P.No. 2242/2013
Test Match Average of more than 50 throughout career:
� Javed Miandad, Mohammad Yusaf and Yunis Khan are amongst the
Cricketers having average of more than 50 throughout their test careers;
� Pakistani Bowler Jalal-ud-Din scored first ever hat-trick by a Pakistani
bowler against Australia in year, 1982 at Hyderabad.
Titles achieved on the basis of Outstanding Performances:
� Pakistani Batsman Zaheer Abbas holds the title of Asian Bradman;
� Pakistani Batsman Javed Miandad has been called Man of Crisis by the
International Cricket Community;
Controversies:
� Controversies remained associated with Pakistani team. Ball tampering
accusations re-surfaced with the forfeiture by the Pakistani team of the 4th
Test against England at the Oval on 20 August 2006. On the fourth day of
the Test, during England’s second innings, the ball began to late reverse
swing for Umar Gul in particular, resulting in him dismissing Alastair Cook
LBW to an inswinging yorker. Four overs later, on examining the ball,
umpire Darrell Hair decided there was evidence that the ball had been
tampered with. He consulted with the other umpire, Billy Doctrove, and
penalised the Pakistani team for interfering with the condition of the ball,
awarding five runs to England. Following the playing conditions for that
Test, the England batsmen were allowed to choose a replacement ball from
a selection of six provided. It is unfortunate but apparent that Umpire
Darrell Hair had some kind of bias against Pakistan and even in the past
some of his controversial decisions cost match to Pakistan.
� Although play continued until the end of the afternoon session, the
Pakistani team failed to reappear on time at the start of the third session in
protest of what they believed to be an unjust and insensitive decision. As a
result of the Pakistani team’s failure to appear at the field, the umpires
awarded the test to England, cricket’s first and only forfeiture. However the
[17] W.P.No. 2242/2013
Pakistani team was cleared of any wrongdoing when further proceedings
saw captain Inzamam-ul-Haq found not guilty of ball tampering. However,
the team’s protest led to him being banned for four games on the charge of
bringing the game of cricket into disrepute.
� Immediately following the ball tampering controversy was the news that its
front-line pace bowlers Shoaib Akhtar and Mohammad Asif had both tested
positive for Nandrolone, the banned anabolic steroid. Though both denied
any substance abuse, on November 1, 2006 both Akhtar and Asif were
banned for a period of 2 years and 1 year respectively. However, both
bowlers were successful in their appeals with the earlier bans being
revoked, although the World Anti-Doping Agency has made an appeal in
the International Court of Arbitration for Sport over the revoking of this
ban. Again on the last tour of England Pakistan faced most serious
allegations of spot fixing, in which team’s captain Salman Butt,
Muhammad Asif and Muhammad Aamir were found guilty and faced ban.
This incident really jolted the team and brought shame to Pakistanis all over
the world. Then surfaced Danish Kanaria’s issue, as a result of which he
now facing life time ban. Incident during West Indies tour is also in the
memories of Cricket lovers, when Wasim Akram came under accusation of
narcotics and due to efforts at highest diplomatic level situation was
handled. Muhammad Asif remained in jail in UAE on identical charges.
Accusation to Qasim Omar on similar charges was also made. Pakistani
Cricketers found drunk, fined and taken into custody but they never felt it a
crime, the team Management kept on ignoring, resultantly players took
liberty and their continuous acts of indiscipline adversely affected team
performance. Incident of Wicket Keeper Saqlain Haider was unique and
mysterious, no definite findings came on the issue. During last tour to
Australia, Umar Akmal’s refusal to play for Pakistan for non inclusion of
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his elder brother Kamran Akmal in the playing eleven was worst kind of
indiscipline but he managed escape. Attribution of match fixing to Saleem
Malik, Atta-ur-Rehman etc. is also on the record.
� It is also a matter of record that best ever Wicket Keeper produced by
Pakistan i.e. Rashid Latif had been raising his voice against match fixing
and contacts of Pakistani players with the bookies but instead of taking
action against the culprits, he was made victim and ousted from the team,
although ultimately his version proved correct. The facts recorded by this
Court may be painful for some individuals but are true and correct.
� March, 2009 terrorist attacks on Sri Lankan team touring Pakistan was
worst and most tragic incident which took away international cricket from
Pakistan, resultantly Pakistan is constrained to play home series on foreign
soils.
8. The game of Cricket for Pakistani Nation is passion, fascination, craze and
appetite, good performance of Cricket Team brings moments of rejoice and dismal
rendition leave the Cricket fans in sorrowful, dejected, gloomy, heart breaking and
depressed state. Unfortunately, ever since losing quarter final match of World
Cup, 1996 against India at “Banglore” questions about the integrity of the players
were raised, refusal of captain Wasim Akram to play just 30 minutes before the
toss on the pretext of freezed shoulder raised eyebrows, but no proper inquiry was
conducted to find the exact reasons. The poison of match fixing polluted the game
of Cricket, resultantly serious allegations were leveled against a group of
Cricketers. Even in the World Cup of 1999, held in England questions were asked
on losing match to Bangladesh and final against Australia but again no probe was
made and proper inquiry was conducted to unearth the real facts, and contributing
factors. It is said that Pakistan lost that match purposely, so that Bangladesh may
get test status. And now, even that team is not ready to play in Pakistan to bring
international cricket back to deserted looking cricket stadiums of Pakistan.
[19] W.P.No. 2242/2013
9. The followers of game have in their memories, that a group of senior
players of team revolted against the captains of different era and on couple of
occasions against coaches from Pakistan, unfortunate aspect is that they succeeded
in doing so.
10. Inconsistent performance of team remained under question but no correct
and drastic steps were taken to bring proper formation in the team consisting of
technically sound, disciplined, honest, upright, skilful and physically fit players. It
is so unfortunate that culture of favouritism, nepotism, personal liking, disliking,
and territorial/linguistic prejudices, spoiled the careers of so many highly talented
players. On the contrary, average players having strong references, relationship
with members of Selection Committee, hailing from particular cities like Lahore,
Karachi and Sialkot and association with persons on the helm of affairs, managed
their selection and despite continuous failures and poor performance, are being
picked, obviously by defeating the rights of young deserving talent. It is common
observation that some players are picked, merely for giving them pleasure of
foreign tours, without any track record of performance and if some talented player
is picked, he would not be given chance to perform in the International matches.
Similarly, some of the players carrying injuries do not disclose about disability but
after landing on foreign soil for playing series, the team management would come
to know about their fitness issues.
11. It is universal principle for all sportsmen that through personal hard work
and passion to learn, they explore their talent and achieve the goals. Game of
cricket has advanced considerably and until and unless members of cricket team
do not set standards for themselves, they would never be able to meet the
challenges of Competitive International Cricket. Reference of two incidents from
Pakistan Vs. Australia matches must be in the memories of cricket fans of both
countries, in the year 1994 Pakistan was chasing target of 315 runs in a test match
played at National Stadium, Karachi. Inzamam-ul-Haq was on crease when
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Australia’s famous Wicket Keeper Ian Healy missed stumping chance of
Inzamam-ul-Haq on the bowling of Shane Warne, resultantly, Pakistan won the
match by one wicket. Ian Healy himself described that lapse as blunder and entire
Australian nation, media and commentators were unanimous in their opinion that
lapse cost match to Australia. Soon, thereafter he paved way for Adam Gilchrist.
Another incident took place at Sydney, in the year 2010 when Australia was
almost out of contest but at that stage of match Kamran Akmal dropped catches
and missed stumping chance of Michael Hussey, due to which, Pakistan lost the
match, despite remaining in commanding position for most of the sessions. There
are numerous other examples but just for reference sake above incidents have been
referred. One fails to understand that how such players can retain their position as
cricketer despite the fact that certain cricket clubs in Pakistan have more efficient,
brilliant, talented and skillful Wicket Keepers. This aspect signifies the poor
administration of PCB and partiality of Selection Committee.
12. There is no doubt that from last couple of decades the game of cricket has
been promoted a lot and its spectators and viewers increased considerably in
number and it is also a fact that now a days to be member of a cricket team is like
playing in money but when comparison is made between affairs of Pakistan
Cricket team with the other test playing nations one is constrained to accept that
most non-professional approach, inconsistency, indiscipline and non adherence to
moral values exhibited by Pakistani cricketers. Some test playing countries have
not given test caps to their players in the number in which captains of Pakistan
Cricket Team had been changed. This fact itself shows that spirit to play against
opponent team lacks, when players decide to fail their captain without realizing
that, name of the country is humiliated instead of particular individual. There is
also no doubt that occasional brilliance and extraordinary individual performances
are there but one rarely see the team as a fighting unit. Players power and lobbies
of cricketers is so strong and notorious that persons on the top of PCB, look scared
[21] W.P.No. 2242/2013
of taking any action against them, however on couple of occasions PCB was
compelled to take action due to pressure of ICC.
13. Criteria for the appointment of Selection Committee also is highly
questionable but no remedial steps are being taken to bring credible criteria of the
nomination/appointment of members of Selection Committee and its Chairman.
The decades old formula of appointment of Selection Committee need to be
reviewed and all the regions be given right to be member of Selection Committee
on rotation. The scope of 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.
14. National Cricket Academy of Pakistan has all the facilities of international
standards and millions of rupees are spent on it, but when one analyzes the
performance of this Academy, hardly finds prescribed objects and desired results.
15. Pakistan was the co-host of World Cup, 1987 and semi final with Australia
played at Qaddafi Stadium and all other matches played in Pakistan were well
organized. Similarly, in World Cup, 1996, Pakistan was co-host and matches
played in Pakistan even the final played at Qaddafi Stadium between Sri Lanka
and Australia were very well organized. When one looks at the manpower of PCB
in the year 1987 and 1996 just few officials were successfully administering
affairs. Presently, large contingent paid employees are in the administrative set up
of PCB against very lucrative packages including following persons:-
Sr.
No.
Name Designation
1. Sabooh-un-Naz Manager PETITIONER & Comm.
2. Asif Jamal. Director Marketing
3. Javed Arshad Khan Mani GM HR & Administration
4. Col. Ashfaq Ahmed Sr. Manager GSL
5. Muhammad Siddique Election Commissioner
6. Beenish Sohail Receptionist
7. Marryam Liaqat AM Marketing
8. Syed Hassan Mujtaba Electrician
9. Moin Ul Atiq Sports Psychologist
10. Abdul Hussain Shah Sr. Manager in DOM Cricket OPNS
11. Maj(R) Azhar Arif Manager IQ
12. Rizwan Raees Coordinator Media & PETITIONER
13. Brig. Sajid Hameed Director Coordination.
[22] W.P.No. 2242/2013
14. Ehsan Sadiq Director Vigilance & Security
15. Muhammad Ilyas Chief Observer
16.
Mohsin Kamal Regional Head Coach Lahore.
17. Asim Javed Butt Assistant Curator
18. Masood Ahmed AM Miurpur Cricket Stadium AJK
19. Ali Ahmed Coordinator
20. Syed Badar Refaie EXE. Director
21. Mansoor Ahmed Khan AM Bugti Stadium, Quetta
22. Uzma Rathore Board Secretary
23. Asad Ali Chaudhary Sr. Manager Marketing.
24. Col. Muhammad Bashir. Sr. Engineer.
25. Rabia Sattar. Assistant Administration.
26. Muhammad Shafiq Executive Assistant
27. Abdul Ghafoor Bhatti. GM Estates Management
28. Mohammad Younas Butt Security Manager
29. Mujahid Solangi. Media Coordinator
30. Shahveer Patel AM Franchise, Pakistan Super.
31. Muhammad Usman Manager IT (Vigilance & Security)
32. Azmat Qayyum Khan Assistant Manager Projects
33. Qasim Abbas Akhtar AM Franchise, Pakistan Super
34. Sajjid Hussain Executive Assistant (GKB)
35. Col. Azam Khan GM Vigilance
36. Azhar Zaidi Coordinator Club Cricket
37. Sana Razzak Assistant Coach, Women Team
38. Agha Akbar Sr. Manager PR & COMMS, PSL
39. Muhammad Irfan Office Boy
40. Faisal Mirza GM Marketing
41. M.Y. Ghaznavi GM Archives
42. Amir Shahzad Office Boy
43. Jan Ali Rajpar AM NIaz Cricket Stadium
44. Mansoor Khan Manj AM Marketing
45. M. Nauman Siddique Manager Electrical
46. Atteque Rasheed GM Finance & Accounts
47. Mazhar Ali Fielding Women Coach
48. Abdul Rehman Regional Cricket Analyst
49. Aqib Ali Janitor
50. Yasir Mahmood Grounds Man
51. Shafiq Ahmad Grounds Man
52. Raja Adeeb Ahmad Grounds Man
53. Noman Sadiq Grounds Man
54. Rashid Rasheed Grounds Man
55. Yasir Pervaiz Grounds Man
56. Shahzad Ali Janitor
57. Atta ur Rehman Regional Head Coach
58. Shahid Anwar Regional Head Coach
59. Aneeq David AM Women Wing
60. Shakir Qayyum Fielding Coach Women
61. M. Salman Gill Regional Cricket Analyst
62. Raj Hans Regional Head Coach, Quetta`
63. Mian Nazir Ahmed Officer Logistics
64. Ashraf Qureshi AM Protocol
65. Muhammad Ilyas Plumber
66. Atta Hussain shah Manager GKB
67. Hussnain Anwar Office Supervisor
68. Muhammad Hassan Cheema Admin Assistant.
(Mr. Asad Ali Chaudhry stated to be real nephew of Mr. Zaka Ashraf,
appointed as Senior Manager Marketing against a very lucrative
package).
In this view of the matter, it is directed that the Federal Government may
appoint some official of DMG Group, not below the rank of Additional
[23] W.P.No. 2242/2013
Secretary, as Secretary of the PCB and all the officials in PCB who are of no
utility be removed forthwith and amounts paid to them may be utilized for
improving the cricket structure and welfare of cricketers.
16. Cricketers who represented Pakistan in 60’s and 70’s and who even crossed
the age of superannuation are there. Question arises that when any player is not
allowed by them, to play in late thirties then under which principle they are glued
to the chairs of PCB. In this regard names of Intikhab Alam, Wasim Bari, Col.
Noushad, Zakar Khan, Shafiq Papa, Haroon-ur-Rashid, etc come in mind. They
are drawing handsome salaries ranging from 3 lacs to 5 lacs along with other
facilities. Similarly, Javed Miandad is drawing 7 lacs as salary, 2.5 lacs as TA/DA
allowances, free air ticket, accommodation, and 300 to 400 US Dollars as TA
during tour abroad. This TA/DA is also paid to other officials at the same rate.
Pakistani Nation has every right to ask that what they have achieved, while
working in the PCB set up? This situation further aggravates when any person is
assigned with job which does not come in his domain. It is told that persons in the
set up of PCB have taken loan in millions, which is still outstanding. It is directed
that loan taken by all officials be published with the amount outstanding against
them.
17. This Court has great respect for Javed Miandad, legend of all times, man
with immense skills, brain of the game and pride of Pakistan. When he was coach,
even player like Shahid Afridi was able to score century in Test Match played in
India, he worked hard with the team for World Cup but senior players led by
captain Wasim Akram, revolted against him and on the intervention of the then
Prime Minister (Mian Muhammad Nawaz Sharif), presently holding office of
P.M., he was removed. This revolt also contributed in the questionable
performance against Bangladesh and Australia. But question arises that why he
has been appointed Director General (DG) in PCB? Is this post is in accordance
with his batting skills and understanding of the game? It is disrespect to his name
[24] W.P.No. 2242/2013
as a great cricketer. The Court is constrained to observe that apparently he has
been given this post to keep him silent instead of making contribution in finding
the batting talent and grooming them to play for Pakistan.
18. Even an ordinary citizen who possesses limited knowledge about the game
of Cricket can understand the reasons of the appointment of Chairman PCB on
political considerations, instead of merit. It is so unfortunate that after Abdul
Hafeez Kardar and Air Martial (R) Noor Khan, (late) PCB could not get any
chairman having good administrative qualities, understanding about the game of
Cricket and obsession to promote the game at gross root level. Resultantly,
players emerging from domestic circuit start learning basics of game while
competing with the International Teams. This approach provide an opportunity to
the commentators to ridicule the domestic structure of Pakistan cricket which
obviously brings bad name. The post of Chairman, PCB is not only lucrative,
authoritative, and of limelight but also provides opportunity of numerous foreign
visits, interaction with the celebrities of game of cricket, show biz and sponsors. If
Chairman, PCB himself is corrupt he would never be able to eliminate corruption
of match and spot fixing, and if his character is dubious he will never be in
authority to question the acts of players, and if he is undisciplined he would not be
in a position to bring discipline to team. Game of cricket is all about discipline, it
is a way of life and culture of moral values. Political appointments of Chairman,
PCB in different regimes resulted into deterioration of entire cricket structure in
Pakistan. Parameter to gauge the performance of PCB is to observe the product in
form of cricketers appearing on the national level. We may cheat ourselves by
mentioning few wins but cannot controvert this fact that on most of the occasions
success came through extraordinary performance by the bowlers and on very few
occasions our batting clicked and even on those few occasions tale-unders rescued
the ship.
[25] W.P.No. 2242/2013
19. Trend of bringing foreign Coaches been set in the late 90’s and for the
vested interests of certain individuals same strengthened but without dividends .
Richard Pybus, Jeff Lawson, Jhonty Rhodes, Bob Woolmer, Trent Woodhill,
Daryl Foster, David Whatmore, Julian Fountain, etc. left little impact on Pakistan
cricket. They may be professionals but their contribution to Pakistan cricket
culture is just negligible. It is an admitted fact that performance of Pakistani
Coaches in comparison to foreign Coaches was much better. In 1992 World Cup
there was no foreign Coach, similarly, performance of Wasim Hassan Raja (late),
Javed Miandad, Mohsin Hassan Khan, Mudassir Nazar, Waqar Yunis and Aaqib
Javed was much better.
20. This Court is convinced that legendry cricketers owe to Pakistan their
skills, experience and temperament by passing it on to new generation of
cricketers, therefore, it is suggested that players like Javed Miandad, Mohsin
Hassan Khan, Saeed Anwar, Inzamam-ul-Haq and Muhammad Yusuf etc. be
given task to identify the batting talent in the Camps organized by District and
Regional Cricket Associations and after picking the youngsters they may be
trained in the National Cricket Academy whereafter they may be picked by the
Selection Committee. In order to keep check on the performance of such
youngsters, above mentioned legendry cricketers may be requested to monitor
their performance and keep in touch with the youngsters. It can also prove
beneficial if Selection Committee take opinion of above mentioned legendry
cricketers while picking trained youngsters to represent the country in the game of
cricket. Similarly, Rashid Latif may be assigned the task of picking wicket
keeping talent from all over the Pakistan and to train them either in the National
Cricket Academy or his own established academy. The bowlers of the caliber of
Wasim Akram, Waqar Yunis, Sikandar Bakht and Shoaib Akhtar may be assigned
task of identifying the fast bowling talent, bring them to national Cricket Academy
and pass them the trade techniques . For identifying the talent in spinning
[26] W.P.No. 2242/2013
department legend like Abdul Qadir, Iqbal Qasim, and Saqlain Mushtaq can be
assigned the task. Moreover, in the fielding department Pakistan has very ugly
track record but few outstanding fielders remained on the cricket circuit which
include Javed Miandad, Shoaib Muhammad, Inzamam-ul-Haq in the slips and
Yunis Khan in all positions, they can contribute in improving the fielding
standards of youngsters. This Court believes that this exercise would bring great
results for the future of Pakistan Cricket.
� It is right time to bring discipline in the Pakistan’s cricket and one way in
doing so is to stop the game of music chair being played with captaincy of
Pakistan Cricket Team. Most of the cricketing nations have almost finalized
their probable for forthcoming World Cup but Pakistan is lacking far
behind.
� These legendry cricketers deserve respect, honour, due status and monetary
compensation but at the same time it is expected from them that they would
not refuse to pass their experience even if they are not paid as per their
demands.
21. According to media reports, funds of PCB which were about 8 billions have
been reduced to less than 3 billions in the tenure of Mr. Zaka Ashraf. This Court
will refrain from commenting upon such reports rather would direct for special
audit of Pakistan Cricket Board as well as National Cricket Academy, of last five
years to be conducted by the Auditor General of Pakistan which report shall be
made public. Criminal cases must be registered and investigated by FIA, against
persons who are involved in plundering the money of PCB and converted the
assets of organization for personal use and for the benefit of irrelevant persons.
Money of PCB, to which any official was not entitled, must be recovered at the
earliest.
22. International Cricket Council directed all the cricketing boards to evolve
democratic process of election for the post of Chairman, Cricket Board,
resultantly, in exercise of powers conferred by sub-section (1) of section 3 and
section 4 of the Sports (Development and Control) Ordinance, 1962 the Ministry
of Sports, vide notification dated 20.09.2007, provided for the Constitution of the
Pakistan Cricket Board. Vide notification dated 20.09.2008 an amendment was
[27] W.P.No. 2242/2013
brought and sub-clause (6) in paragraph 5 was added. Through statutory
notification dated 13.02.2013 of Ministry of Interprovincial Coordination a new
constitution of Pakistan Cricket Board by the name of Constitution of Pakistan
Cricket Board was published. According to Section 3 of the said Constitution
Pakistan Cricket Board consists of following: (a) Chairman (b) Board of
Governors (c) General Body. As per Section 6 of the Constitution Chairman has
to be appointed by the Board of Governors in accordance with the Part-IV for a
period of four years. The composition of Board of Governors is provided under
Section 9 which for convenience sake is reproduced here-in-below:-
“9. Composition of BOG.--(1) For managing the affairs of the Board
there shall be a BOG consisting of,--
(a) Chairman;
(b) Five duly elected Regional Presidents on basis of rotation
as per the applicable regulations of the Board, from
amongst,--
i. Abbottabad Region;
ii. Bahawalpur Region;
iii. Dera Murad Jamali Region;
iv. Faisalabad Region;
v. Federally Administered Tribal Area Region;
vi. Hyderabad Region;
vii. Islamabad Region;
viii. Karachi Region;
ix. Lahore Region;
x. Larkana Region;
xi. Multan Region;
xii. Peshawar Region;
xiii. Quetta Region;”.
(Note: Total Strength of regions presently is 15 which has already been
mentioned above).
Part IV of the Constitution is cause of controversy and theme of the issue agitated
through instant writ petition, therefore, same is reproduced hereunder:-
[28] W.P.No. 2242/2013
“PART-IV
NOMINATION COMMITTEE AND APPOINTMENT OF CHAIRMAN
28. Nomination Committee.-- A Nomination Committee shall be formed at
least three months prior to the expiry of tenure of the chairman or immediately upon the
office of the Chairman falling vacant for any reason whatsoever. The Nomination
Committee may meet as many times as deemed necessary to consider the names of two or
more individuals recommended by the Patron for the post of the Chairman. The
individuals, in order to qualify for recommendation for the office of Chairman, shall
possess experience of management or administration.
29. Discussion by the Nomination Committee.—The Nomination
Committee, within one week from the date of receipt of nomination by the Patron, shall
meet to discuss and evaluate the names of individuals for the office of Chairman and
unless unanimously rejected by it with reasons, recommend to the BOG one of the
individual aforesaid for the post of Chairman. In the even the Nomination Committee
fails to take any decision in the said meeting, the name forwarded by the Patron, at serial
number one shall be deemed to have been recommended to the BOG. The Chairman shall
be appointed for a period of four years and shall be eligible for reappointment.
30. Decision by BOG.—The BOG, unless it unanimously rejects the said
nomination in a meeting to be held within one week of receipt of name from the
Nomination Committee, shall formally endorse the appointment of the recommended
nominee as the Chairman. In the even the BOG fails to take decision in the said meeting,
the nominee recommended by the Nominations Committee shall be deemed to be formally
appointed:
Provided that in case the BOG unanimously rejects the nominations by the
Nominations Committee, the entire process as given afore will start de novo with fresh
nominations to be made by the Patron.
31. Charge of the office.—The Chairman so appointed or reappointed, shall
assume charge of the office upon expiry of the tenure or forthwith as the case may be.”.
The plain reading of above provisions clearly indicates that these have been
incorporated with an object to allow Mr. Zaka Ashraf to retain his office of
Chairman, PCB. It is astonishing to note that qualification for recommendation for
the post of Chairman is only experience of management or administration. It is
absolutely silent about experience of cricket, knowledge about game of cricket and
understanding the codes of ICC. “Code of 1744” and subsequent
enactments/amendments brought”. Another aspect is that these provisions talk
about appointment of Chairman and not election. The constitution of Nomination
Committee is against the spirit of holding election in accordance with the
[29] W.P.No. 2242/2013
democratic values. This Court is constrained to observe that Part-IV of the
Constitution is a deceptive and dubious device to engineer the appointment of
Chairman and this Court has no hesitation in holding that it is person specific for
Mr. Zaka Ashraf. Appointment of Mr. Zaka Ashraf by the patron, vide notification
dated 13.10.2011, was not on the basis of his career as cricketer, knowledge about
game of cricket, administrative qualities and management skills but apparently for
the reasons that he was President of ZTBL, a banker in status and due to personal
affiliation with the persons on the helm of affairs. Re-appointment of Mr. Zaka
Ashraf, is totally deceptive, as no election in accordance with the spirit of
democratic process has been held, therefore, same is hereby set aside.
23. These provisions give powers to the Patron In Chief of PCB i.e. President
of the Islamic Republic of Pakistan, to have first and final say in the matter which
authority is no more vested in the President after the 19th
Constitutional
Amendment. The President’s status merely is symbolic and authority has to be
exercised, if any, through the Prime Minister. This Court failed to understand that
how any person qualified to be elected as Chairman can be restrained from taking
part in the elections by the Patron or Nomination Committee. It is for the Electoral
College to decide that which person can serve the game of cricket honestly, openly
and uprightly. It is amazing that even Electoral College not defined. All over the
world for taking part in election one has to be registered as voter and if one is not
voter he cannot be candidate or nominated for appointment.
24. In this view of the matter, Part-IV of the Constitution of Pakistan Cricket
Board consisting of Sections 28, 29, 30 and 31 is hereby declared to be void ab
initio, unconstitutional, besides the democratic values, offensive to rights of
individuals qualified to be elected as Chairman PCB, against the principle of
transparency, fairness, impartiality, credibility and openness, therefore, all the
provisions under Part-IV of the Constitution of PCB are declared to be of no legal
effect and it is directed that the same may be deleted forthwith.
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25. Now, in order to achieve the object of free, fair, credible, and transparent
election, this Court is convinced that this object can be achieved with the help of
Election Commission of Pakistan, therefore, it is directed that Election
Commission of Pakistan shall hold the election of Chairman PCB within ninety
days starting from 21st July, 2013. Since, it would be the first ever election of
PCB, therefore, Electoral College shall consist of Presidents of all elected
Regional and District Cricket Associations and nominees of departments playing
first class cricket. Every voter of the Electoral College shall be eligible to contest
the election provided he is not carrying any disqualification under organic law of
the country i.e. Constitution of Islamic Republic of Pakistan, remained First Class
/ Test Cricketer or has experience of running District or Regional Cricket
Association and in case of nominee from 1st Class playing departments has
experience of administration, at least Graduate and not a defaulter of PCB.
Writ Petition is allowed in the above terms.
(SHAUKAT AZIZ SIDDIQUI) JUDGE
JUDGE Approved for Reporting. Adnan/-