' 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 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 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 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 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 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 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 ' 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; 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 ever 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; Test Match Average of more than 50 throughout career: Javed Miandad, Muhammad Yousaf and Younis 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 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 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 Zulqarnain 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 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.
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 hardwork 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 v. 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. Inzarnam-ul-Haq was on crease when 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 nonprofessional 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 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:- {{TABLE}} Sr. No.Name Designation
1. Sabooh-un-Naz Manager Petitioner and 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.
14. Ehsan Sadiq Director Vigilance and Security
15. Muhammad Ilyas Chief Observer
16. Mohsin Kamal Regional Head Coach Lahore.
17. Asim Javed Butt Assistant Curator
18. Masood Ahmed AM Mirpur 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.Muhammad 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 CheemaAdmin Assistant. {{TABLE}} (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 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 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.
19. Trend of bringing foreign Coaches was 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 Younis 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 Yousuf 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 calibre of Wasim Akram, Waqar Younis, 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 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 Younis 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 subsection (1) of section 3 and section 4 of the Sports (Development and Control) Ordinance, 1962 the Ministry of Sports, vide notification dated 20-9-2007, provided for the Constitution of the Pakistan Cricket Board. Vide notification dated 20-9-2008 an amendment was brought and sub- clause (6) in paragraph 5 was added. Through statutory notification dated 13-2-2013 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 herein below:- "9. Composition of BOG.--(1) For managing the affairs of the Board there shall be a BOG consisting --
(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:-- "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 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. Reappointment 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.
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 I 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 above terms.