Act within PCB constitution limits, Sindh High Court directs Sethi

Former cricket captain Rashid Latif had taken Najam Sethi to court, calling his appointment illegal.


Naeem Sahoutara July 09, 2013
Najam Sethi. PHOTO: AFP/FILE

KARACHI: The Sindh High Court (SHC) directed Pakistan Cricket Board's (PCB) acting chairperson Najam Sethi on Tuesday to exercise his powers as defined in PCB governing body's constitution for caretaker chief.

Headed by Justice Ghulam Sarwar Korai, the bench also issued a notice to the federal inter-provincial coordination ministry, the PCB, its caretaker chairperson Najam Sethi and deputy attorney general for July 18.

Former cricket captain Rashid Latif had taken the federal ministry, the PCB and Najam Sethi to court.

Umair Qazi, the lawyer representing the petitioner, told the court that Sethi had been appointed as caretaker chairperson of the country's highest cricket regulatory body in compliance with the directions issued by the Islamabad high court.

However, the petition alleged that Sethi was exercising powers as the acting chairperson that had not been vested in him by virtue of the constitution of the cricket board adopted earlier in the year.

The petition stated that under the article 6 (2) of the constitution, the acting chairperson could only exercise powers defined in clauses (a), (b) and (c) of the article 6 (1), that only authorise him fix dates, call or adjourn all the meetings of the board.

The petition argues that even under article 6 (2) of the constitution, 45 days had not passed and while PCB was required to attend the International Cricket Council's (ICC) meeting, the federal ministry or the PCB should have had directed the previous chairperson to transfer his powers to the acting chief operating officer to represent the board in ICC.

Qazi pleaded to the declare Najam Sethi’s appointment as acting chairperson PCB by the inter-provincial coordination ministry as illegal and set aside his same. He also requested the court to bar Sethi from performing his duties as acting PCB chief till the disposal of the petition.

After the preliminary hearing, the bench issued a notice to the inter-provincial coordination ministry, PCB, Najam Sethi and deputy attorney general for July 18.

"Till then, Najam Sethi has been directed to exercise his powers as laid down under clauses (a) to (c) of the article 6 (1) of the constitution of the PCB,” the court said.

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