Maintainability: IHC reserves ruling on plea against Sethi

Petitioner challenges Sethi’s nomination as member of PCB’s board of governors

Rizwan Shehzad July 22, 2017

ISLAMABAD: The Islamabad High Court on Friday reserved its judgment over the maintainability of a petition challenging Najam Sethi and Ejaz Arif’s nomination as members of the Pakistan Cricket Board’s (PCB) Board of Governors (BoG).

Justice Mohsin Akhtar Kayani reserved the verdict after petitioner Tariq Asad Advocate presented his arguments. Apart from challenging the nominations, the petitioner has sought the court’s intervention to declare that a few clauses of the PCB’s 2014 constitution are ultra vires of the 1973 Constitution.

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In his arguments, Asad said that Sethi, being a political person, is controlling all the affairs of the PCB and alleged that he is heading all the important wings of the PCB – member of BoG, chairman executive body, chairman HR committee, member audit committee and above all chairman PSL.

In the petition, Asad said that Sethi was also processing to incorporate a private limited company of PSL. He also alleged that he has got his name approved by the prime minister for nomination along with Ejaz Arif to the BoG of PCB for a period of three years starting from August 6.

In the Constitution of 2007, Asad said, the person to be appointed as chairman ought to have high repute and integrity with management experience, whereas in the PCB’s 2014 constitution the person to be appointed as chairman may simply be a graduate with sufficient administrative, managerial or financial experience.

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The petitioner claimed that Sethi does not possess a ‘high repute and integrity and also lacks management experience’ as was required under the previous constitution.

He added that General (retd) Hameed Gul (late) and Gen (retd) Mirza Aslam Beg had alleged that ‘Sethi was an Indian agent’, adding that General Beg is alive and facts can be confirmed from him as well.

Asad also alleged that during the PSL’s second edition Sethi’s negligence, wrong planning and bad management, led to the spot fixing scandal.

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He also questioned why Sethi is the member of the audit committee himself and why he failed to get an external independent audit of the PSL. “Sethi is more enthusiastic to promote his business than to promote cricket,” he alleged.

The petitioner has named the Federation, PCB’s patron in-chief, chairman of senate standing committee of sports, PCB chairman, Sethi, FIA, NAB, secretary establishment division, General (retd) Mirza Aslam Beg, Pakistan Blind Cricket Council, Pakistan Deaf and Dumb Cricket Association, Pakistan Women’s national cricket team, secretary interior and the presidents of 12 cricket associations as respondent.

He has also prayed to the court to declare the nomination of two members, Sethi and Arif, for three years illegal. He also requested the court to direct the respondents to place the details of administrative expenses, all the details of expenditure incurred by PCB and an up-to-date report of each and every account to whom the payments were made. He has also sought court’s help to conduct investigation of irregularities and illegalities.


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