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Petitioner: Major (Retd.) AHMAD NADEEM SADAL VS Respondent: FEDERATION OF PAKISTAN and JUDGMENT
Court Name: Islamabad High Court Judge(s): Shaukat Aziz Siddiqui Title:Major (Retd.) AHMAD NADEEM SADAL vs FEDERATION OF PAKISTAN and
JUDGMENT
Reported As: 2013 YLR 2349 Result: Petition allowed Judgment JUDGMENT ' 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 and 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 No, 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 No, 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. Petitioner is a Graduate, Cricketer since 1980, remained Coach of Army Cricket Team from 2007 to 2011 and also qualified level 1 and 2 of Pakistan Cricket Board. Pakistan Cricket Board is a
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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 slipshod 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 8-5-2013 for the selection of Chairman Cricket Board i.e, respondent No,4 is against paragraphs 28 and 29 of the Constitution of. Pakistan Cricket Board and selection of Chairman Pakistan Cricket Board is based upon mala fide 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 13-2-2013 for the constitution of Pakistan Cricket Board must be presented earlier before Cabinet Division for its approval but the same was not 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 Constitution of Pakistan Cricket Board; ICC prohibits the interference of the Government into the administrative matter of the Board whereas paragraphs 28 and 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 S.R.O. Dated 13th February, 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 respondents Nos.3 and 4 filed their reply and parawise comments separately and prayed for dismissal of writ petition. Respondent No,3 in its parawise 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 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
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the Articles 90 and 99 of the Constitution. The vetted copy of the constitution of PCB was notified on 13th February, 2013 vide S.R.O. No, 100(1)/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 Paragraphs Nos.28 and 29 of the Constitution of PCB and the appointment of answering respondent as Chairman was unanimously endorsed by the BOG on 8-5-2013. That, writ petitioner has failed to point out any mala fide. 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 Articles 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 13-2-2013 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 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 thereunder 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 28-5-2013, 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 13-6-2013 Messrs Imtiaz Rashid Siddiqui, Tafazzul Rizvi, Afnan Karim Kundi, Advocates and Barrister Momin Ali Khan, put appearance to represent respondent No,4 and submitted that any al 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 19-6-2013, learned counsel for respondent No,3 informed the court that Ministry proposed the names of Mr. Majid Khan (Ex-Cricketer), Chishti Mujahid (Commentator and Analyst) and Mr. Mumtaz Rizvi (Bureaucrat) 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 1-7-2013, 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 Chairman PCB, he also informed the Court that meeting of ICC has been attended by him in compliance of the order dated 13-6-2013, 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
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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 A 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. 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 southeast 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 1932-1933 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. ' 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
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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 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. ' 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
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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 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:- {{TABLE}} Abbottabad Region 1. Abbottabad 2. Mansehra 3. Haripur 4. Swabi 5. Mardan 6. Buner 7. Dir UpperFaisalabad Region 1. Faisalabad 2. Sargodha 3. Jhang 4. Bhakkar 5. KasurHyderabad Region 1. Hyderabad 2. Mirpurkhas 3. Sanghar 4. Badin 5. Thatta 6. ShaheezBenazirabadIslamabad Region 1. Four Zones 2. Gilgit BaltistanKarachi Region 1. Zone-I 2. Zone-II 3. Zone-III 4. Zone-IV 5. Zone-V 6. Zone-VI 7. Zone-VIILahore Region 1. East Zone 2. North Zone 3. West ZoneLarkana Region 1. Larkana 2. Dadu 3. Khairpur 4. Sukkur 5. Shikarpur 6. JacobabadSialkot Region 1. Sialkot 2. Gujranwala 3. Hafizabad 4. Narowal 5. Gujrat 6. Mandi Bahauddin 7. SheikhupuraBahawalpur Region 1. Bahawalpur 2. Bahawalnagar 3. Rahimyar Khan 4. Layyah 5. Muzaffargarh 6. RajanpurDera Murad Jamali Region 1. Naseerabad 2. Sibi 3. LoralaiFATA 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. KohatMultan Region 1. Multan 2. Vehari 3. Khanewal 4. Dera Ghazi Khan 5. Sahiwal 6. Okara 7. LodhranPeshawar Region 1. Peshawar 2. Nowshehra 3. Charsadda 4. Dir Lower 5. SwatQuetta Region 1. Quetta 2. Pishin 3. Killa Abdullah Chaman 4. Kalat 5. Naushki 6. TurbatRawalpindi Region 1. Rawalpindi 2. Chakwal 3. Jhelum 4. Attock 5. Azad Jammu Kashmir 6. Mianwali Total District: 93 {{TABLE}} Stadium/City Test MatchesODI 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
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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 Rawalpindi8 21 Bugti Stadium Quetta 0 1 Sheikhupura Stadium Sheikhupura 2 1 Multan Cricket Stadium Multan 5 4 ' 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 Pahawalpur, Lahore, Peshawar and Karachi (all five matches in the series were drawn, the first such occurrence in test hi s tory). ' Pakistan Cricket Team is considered as a strong unit but unpredictable as well. Traditionally Pakistani cricket hss 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. INNO VATIONS 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
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' The 1992 Cricket World Cup in Australia and 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 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;…
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