PCB constitution: Frivolous petitions thrown out for wasting court’s time
Islamabad High Court judge also fines each petitioner Rs1 million.
ISLAMABAD:
The Islamabad High Court (IHC) on Friday dismissed petitions seeking to declare the Pakistan Cricket Board’s (PCB) newly-adopted constitution null and void.
IHC judge Athar Minallah, while disposing of the four petitions as frivolous, also imposed fines of Rs1 million on each petitioner.
The petitioners included former and sitting members of regional cricket boards included Major (retd) Ahmed Nadeem Sadal from Islamabad, Amir Nawab from Abbotabad, Mir Haider Ali Khan from Hyderabad and Muhammad Rafiq from Larkana.
The judge also directed the petitioners to deposit the fines with the PCB through the IHC’s deputy registrar. The court also sought the PCB’s advice on whether the amount should be transferred to the Pakistan Blind Cricket Council or deposited with the board.
The petitioners, while citing the Federation of Pakistan through the sports board secretary, ministry of interprovincial coordination, former PCB chairman Najam Sethi and the PCB chief operating officer as respondents, had contended that the PCB’s new constitution was undemocratic and was prepared without due consultation with the stakeholders.
The court observed that the petitions were a classic manifestation of attempting to thwart the administration of justice by suppressing and concealing material facts. The court noted that the conduct of the petitioners was so grave that it required that besides imposing the fines, they also be arraigned under the Contempt of Court Ordinance.
The court observed that it is always painful for a court to impose heavy fines on persons seeking to invoke the extraordinary jurisdiction of the court. However, if such reprehensible conduct was ignored as in the present case, the court would fail in its duty to protect the interests of genuine litigants and its own process.
Published in The Express Tribune, September 6th, 2014.
The Islamabad High Court (IHC) on Friday dismissed petitions seeking to declare the Pakistan Cricket Board’s (PCB) newly-adopted constitution null and void.
IHC judge Athar Minallah, while disposing of the four petitions as frivolous, also imposed fines of Rs1 million on each petitioner.
The petitioners included former and sitting members of regional cricket boards included Major (retd) Ahmed Nadeem Sadal from Islamabad, Amir Nawab from Abbotabad, Mir Haider Ali Khan from Hyderabad and Muhammad Rafiq from Larkana.
The judge also directed the petitioners to deposit the fines with the PCB through the IHC’s deputy registrar. The court also sought the PCB’s advice on whether the amount should be transferred to the Pakistan Blind Cricket Council or deposited with the board.
The petitioners, while citing the Federation of Pakistan through the sports board secretary, ministry of interprovincial coordination, former PCB chairman Najam Sethi and the PCB chief operating officer as respondents, had contended that the PCB’s new constitution was undemocratic and was prepared without due consultation with the stakeholders.
The court observed that the petitions were a classic manifestation of attempting to thwart the administration of justice by suppressing and concealing material facts. The court noted that the conduct of the petitioners was so grave that it required that besides imposing the fines, they also be arraigned under the Contempt of Court Ordinance.
The court observed that it is always painful for a court to impose heavy fines on persons seeking to invoke the extraordinary jurisdiction of the court. However, if such reprehensible conduct was ignored as in the present case, the court would fail in its duty to protect the interests of genuine litigants and its own process.
Published in The Express Tribune, September 6th, 2014.