ISLAMABAD, May 28: The Islamabad High Court (IHC) on Tuesday restrained Pakistan Cricket Board (PCB) chairman Zaka Ashraf from performing his duties after a former coach of army cricket team challenged his election to the post.
The court stopped Zaka “from acting and performing duties as PCB chairman” at a time when the national team is in England for the upcoming ICC Champions Trophy.
The decision came after a petition filed by Major (retd.) Ahmed Nadeem Sadal, who said the board of governors which elected Zaka was illegal as it had no representation from Punjab.
Earlier this month, Zaka became the first-ever elected chairman of the PCB under a new constitution demanded by the International Cricket Committee (ICC), the sport’s world governing body, to have a democratic set-up and reduce political interference.
The 60-year-old Zaka was appointed PCB chief in October 2011 by President Asif Ali Zardari.
Sadal, through his counsel Faiz Ahmed Cheema adopted before IHC Justice Shaukat Aziz Siddiqui that Zaka “manoeuvred and procured the office of PCB chairman through engineered and polluted process of election.”
“Even the members of electoral college were not communicated with regard to extraordinary meeting in which Zaka was elected as chairman” the counsel added.
He said that the so-called election was not properly advertised and apparently the entire process took place in a clandestine manner.
He claimed that the process for the election of PCB chairman was in violation of the direction of the ICC under whose insistence PCB had adopted the new constitution and replaced the system for the appointment of its chairman.
He alleged that the PCB constitution has also been adopted in violation of the prescribed procedure adding that before its approval by the president, it must be presented before the cabinet division.
“The constitution has been framed in a manner which shows self contradiction in itself and is thus liable to be struck down,” the counsel added.
He requested the court that “re-election may be conducted under the election commission providing clear chance to the ex-cricketers to contest the said election.”
Justice Siddiuqi observed that “prima facie, petitioner has good arguable case in his favour as entire process of the election of respondent 4 (Zaka Ashraf) appeared to be motivated and polluted.”
“In case, Zaka is allowed to act as PCB chairman as a result of dubious and non-transparent election, it may complex the situation and any decision taken by him may cause loss to the PCB”, the learned judge added.
The court issued notices to secretary Inter-provincial Coordination (IPC) and chairman Pakistan Sports Board (PSB) and adjourned the matter till June 13.
Commenting on the restraining order of the court, a lawyer advocate Faisal Hussain said that the court had not removed Zaka but temporarily stopped him from working until June 13.
“After the said date Zaka may resume his office if he could convince the court on the transparency of his election” he said.
According to him, the Indian team as well as its cricket board was already under pressure because of the spot-fixing scandal and suspension of PCB chief would also affect the performance of PCB and Pakistan’s players as well.
Former Test cricketer Sarfraz Nawaz on the other hand said the suspension or removal of PCB chairman had nothing to do with the performance of players.
“These are the administrative matters which do not have any link with the game or performance of the cricketers,” he said.
“Zaka had brought the PCB on the verge of collapse as he compromised the interest of the game for his personal gains,” he alleged.
According to him, Zaka had manipulated the election for his appointment and deserved the same treatment for cheating.
Agencies add: Zaka insisted his election was in line with the ICC’s directives. “We respect all the decisions of the judiciary but once our legal team gets the full order we will defend our position,” Zaka told reporters in Karachi.
PCB legal adviser Taffazul Rizvi said the board would abide by the ruling but claimed the court had not been presented with the full case. “We will present the facts before the court and after that any decision will be followed in letter and spirit,” Rizvi said.
Since his appointment, Zaka has been surrounded with legal battles in various courts.
While several officials of cricket associations have challenged Zaka’s election in Lahore High Court, former captain Rashid Latif has moved a similar petition in the Sindh High Court the hearing of which will be held on Wednesday.