LAHORE: The game of musical chairs for the Pakistan Cricket Board (PCB) chairmanship apparently met its logical end on Monday after the Supreme Court struck down the May 17 Islamabad High Court (IHC) judgment directing the government to appoint acting chairman of the board within one week and chief election commissioner to hold fresh election.

In light of the judgment, Najam Sethi will hold the office of PCB chairman till the appointment of the interim set-up by the patron (prime minister).

A two-judge bench comprising Justice Anwar Zaheer Jamali and Justice Mian Saqib Nisar passed the order, allowing an appeal moved by the Ministry of Inter-Provincial Coordination (IPC) against the IHC judgment that had reinstated Zaka Ashraf as chairman of the PCB.

As the bench resumed hearing at the Lahore registry, Advocate Asma Jahangir appeared on behalf of the government and argued against the IHC judgment. She asked the court to set aside the judgment. She said it would be difficult if the court wanted to get appointment of the chairman of its own choice.

May 17 IHC judgment struck down

She further said the appointment of PCB chairman was purely an administrative matter and the court had no jurisdiction to intervene in it.

Justice Nisar observed that the court had no concern with the appointment of chairman but wanted to examine whether the prime minister/patron exercised his powers lawfully. Justice Nisar also expressed his wish to see Pakistani cricket at its peak as in past.

Retired justice Malik Mohammad Qayum, counsel of Najam Sethi, said the matter before the court pertained to the appointment of the chairman not the exercise of powers by the prime minister.

However, the bench termed his objection unnecessary.

Representing former PCB chairman Zaka Ashraf, Advocate Imtiaz Rasheed Siddiqui asked the court to dismiss the government’s appeal and uphold the IHC judgment allowing his client to continue as chairman.

Advocate Siddiqui also requested the bench to postpone board’s chairman election. He said the board had put a ban on his client on contesting the election. He sought permission for his client to contest the upcoming polls.

The bench noted that two inquiries were pending against Zaka Ashraf and the board would decide the matter. The bench dismissed the plea and asked Ashraf to approach election commission of the board for the required relief.

During the course of hearing, Sethi also came to the rostrum and told the judges that he would not vie for the chairmanship in the next election. He said the prime minister appointed him member of BoGs of the PCB.

The bench after hearing the arguments from all sides allowed the appeal of the government and struck down the impugned judgment. The bench said reasons of the order will be recorded separately.

The bench further directed the government to appoint acting chairman of the board for the intervening period and also the chief election commissioner within one week to hold free and fair election within the period prescribed in the new constitution of the board.

The bench dismissed petitions against termination of 22 employees of the PCB made by Najam Sethi being the chairman.

Advocate Ahmad Raza Kasuri argued on behalf of the sacked employees and said Sethi violated the laws and also an order passed by the IHC that envisaged reinstatement of the petitioners. He said Sethi did not know the law.

Asma Jahangir opposed this argument and asked Advocate Kasuri to speak on the merits of the case only. The bench observed that the petitioners were removed with the approval of BoGs.

In a brief talk with media persons outside the court, Sethi was of the view that all he did was in the interest of the country and the board. He also vowed to work for the welfare of cricket in Pakistan.

Published in Dawn, July 22nd, 2014