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.

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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:-

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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

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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

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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

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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

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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.

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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.

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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

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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.

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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

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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

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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

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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

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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

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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;

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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

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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/-