ISLAMABAD: The Supreme Court observed on Monday that litigation between two former chairmen of the Pakistan Cricket Board (PCB) Najam Sethi and Muhammad Zaka Ashraf had caused immense harm to the board and the game of cricket at the domestic and international level.

“The individuals might have gained or suffered but it is the institution (PCB) which has been impaired excessively in all respects,” regretted Justice Mian Saqib Nisar in a strongly worded 23-page verdict elucidating reasons why a two-judge Supreme Court bench had on July 21 ordered the government to appoint an acting chairman and a chief election commissioner to hold a fresh election of the PCB.

The mad, mad, mad world of the PCB

The court had then allowed Najam Sethi to hold the post of PCB chairman till the election.

The judgment was issued on an appeal moved by the Ministry of Inter-Provincial Coordination (IPC), which oversee sports activities in the country, against the May 17 Islamabad High Court verdict reinstating Zaka Ashraf as PCB chairman.

Justice Nisar observed that the people of Pakistan had great passion for the game of cricket and earnestly desired and wanted to see the PCB emerging as a strong, independent, democratic and accountable institution.

But the smooth functioning, prestige and prominence of the PCB were seriously hampered with the litigation, the judgment said. Because of the litigation a game of musical chairs began with Ashraf or Sethi assuming the office and then relinquishing it for the other on the orders of the high court as well as the Supreme Court.

“The institution has been in doldrums and hiccups since the time of commencement of this litigation,” Justice Nisar said.

The court noted that the federal government had formed a committee comprising Justices Faqir Muhammad Kokhar and Syed Jamshed Ali Shah, former Supreme Court judges, to formulate a new constitution of the PCB.

The constitution proposed by the committee has been enforced through a July 10 notification which was accepted by all stakeholders. Besides, as a court of appeal, the Supreme Court could take notice of this vital development which seemingly was for the betterment of the board and the cricket as a whole in the country, the judgment said.

Therefore, while formulating the opinion (verdict), the court cannot remain oblivious of the subsequent development, namely the undertaking given by Zaka Ashraf in the court, his conduct after Feb 10 supersession of forming a management committee by superseding the board as well as the statement of Najam Sethi before court that he was not interested in participating in the election of PCB chairman.

Referring to Zaka Ashraf, the key figure in the entire controversy, the court noted that he had been removed as PCB chairman and then restored on the basis of the high court judgment. Thus he is the prime beneficiary of the judgment.

But Mr Ashraf never personally came forward to challenge his removal and, therefore, he shall for all intents and purposes be considered to have accepted the supersession of the board. And on account of his promise and undertaking given to this court, Mr Ashraf accepted the new constitution and the holding of fresh elections, the verdict explained.

Thus the only reason on which his objection was founded that Mr Sethi should not become the chairman in an oblique manner, a possibility which following the statement of Mr Sethi that he was not interested in participating in the election for the chairman vanished and the grouse not available now to Mr Ashraf.

Referring to a number of petitions moved by the PCB employees appointed during the time of Mr Ashraf and terminated later but failed by virtue of the Supreme Court decision, the court allowed them to approach the new board constituted after the elections, as envisaged by the new constitution, within one month by filing representations to the new management of the board. But the court said the new board/management would have the final decision about the fate of their employment – a decision which would be conclusive by all means, the verdict concluded.

Published in Dawn, July 29th, 2014