IHC dismisses Sharjeel Khan’s petition

Court told that offices of PCB, Islamabad United in Lahore and case must be filed there

ISLAMABAD: Avenues for banned cricketer Sharjeel Khan to return to the field seem to be dwindling after a higher court dismissed his petition challenging his five-year sanction from the sport.

Islamabad High Court (IHC) Justice Aamer Farooq, while hearing the batsman’s petition on Monday, declared that it was not maintainable owing to jurisdictional issues since the head offices of the Pakistan Cricket Board (PCB) and the Islamabad United — the Pakistan Super League (PSL) team he was playing for at the time — are in Lahore and he had filed the petition before the high court in Islamabad.

Sharjeel, along with his Islamabad United teammate Khalid Latif and a few others were found guilty by the Anti-Corruption Unit in the infamous spot-fixing scandal during the second season of the PSL.

A PCB tribunal had subsequently slapped him with a five-year ban from all forms of cricket.

His five-year-ban includes a suspended sentence of two-and-a-half years, but the left-handed batsman would still be on the wrong side of 30 before he can play cricket again even if he does fulfil all his obligations.

The Hyderabad-born has been found in violation of five articles of the PCB's anti-corruption code. Article 2.1.1, 2.1.2 and 2.1.3 point towards him agreeing to fix the matches and acting upon that agreement against a payment during the Islamabad United and Peshawar Zalmi match.

The other two — articles 2.4.4 and 2.4.5 — of the code relate to him failing to disclose the details of that approach to the PCB — a requirement all players are obligated to fulfil.

Subsequently, Sharjeel had challenged the PCB tribunal’s decision before the IHC.

Justice Farooq heard arguments from the petitioner’s counsel, PCB’s counsel Tafazzul Rizvi and Deputy Attorney General (DAG) Raja Khalid Mehmood.

The DAG contended that the cricketer was awarded the sentence in Lahore. Moreover, PCB’s head offices are also in Lahore. Hence, he contended, that the IHC has no jurisdiction in this matter and that the case should have been contested in Lahore. The PCB’s counsel endorsed his arguments.

Later, while talking to media, Rizvi said that Sharjeel’s counsel had argued that since he was playing for Islamabad United, he had filed a petition before the IHC.

Rizvi added that not even the head office of Islamabad United is in Islamabad, rather, that too is located in Lahore – therefore, the petition is not maintainable.

The PCB’s counsel added that they have a strong case on merits but first the issue of jurisdiction has to be decided by the court.

Following the arguments, the court reserved verdict. Later, it dismissed the petition. 

Published in The Express Tribune, March 20^th, 2018.