IHC restrains Sethi, IMC from performing PCB functions
ISLAMABAD, Oct 29: Justice Shaukat Aziz Siddiqui of the Islamabad High Court (IHC) on Tuesday suspended the Interim Management Committee (IMC) constituted for running the Pakistan Cricket Board (PCB) and restrained its members — including Najam Sethi — from performing any function.
The court also appointed retired Justice Munir A. Sheikh as Election Commissioner to hold the PCB election by the third week of November this year.
Appeals had been filed against the IHC’s detailed judgment of July 18 on the appointment of PCB chairman Zaka Ashraf in which the court had declared the said appointment illegal and also directed PCB caretaker chairman Najam Sethi to hold elections within 90 days.
On Tuesday morning, the IHC single bench comprising Justice Siddiqui heard contempt of court petition against the PCB caretaker chairman in connection with his failure to hold the PCB elections within 90 days.
Justice Siddiqui observed that “constitution of an interim management committee seems to be unconstitutional and an attempt to frustrate the judgment passed by this court.
“In this view of the matter, till next date of hearing the operation of impugned interim management committee is suspended. Mr Najam Sethi and other members of the IMC are restrained from posing themselves as members and from performing any function of the PCB.”
Since the Election Commission of Pakistan (ECP) had shown its inability to hold the PCB elections, Justice Siddiqui appointed retired Justice Munir A. Sheikh as election commissioner to hold the PCB chairman election.
As per the court order, the Election Commission shall announce the date and schedule of the election. PCB secretary shall extend all sorts of assistance, co-operation and also act on all directions of the Election Commission with regard to holding of the PCB election.
The order further said, “The Election Commission shall also scrutinise electoral list containing 111 voters and shall ensure that the first-ever election of the PCB is held in a democratic and transparent manner.”
The court directed the PCB to pay Rs2.5 million to the Election Commission as well as other expenses in connection with holding the PCB chairman election.
On Tuesday afternoon, IHC’s division bench comprising Justice Riaz Ahmed Khan and Justice Noorul Haq N. Qureshi, while hearing intra-court appeals (ICAs) against the July 2013 order of the single bench, issued notices to Pakistan Sports Board, Ministry of Inter-provincial Coordination (IPC), Najam Sethi and other members of the IMC seeking their comments and adjourned the hearing till Nov 4.
Asma Jahangir argued before the two-member bench on behalf of the IPC. She said the single bench condemned unheard the former PCB chairman Zaka Ashraf who was not even a party in the petition of Ahmed Nadeem Saddal.
PCB’s counsel Tafazzul Rizvi after attending the proceedings of the two-member division bench claimed that “Sethi will continue to act as PCB chairman”.
Afnan Karim Kundi, counsel for Zaka Ashraf, on the other hand, said that the order of the two-member bench did not restore Sethi.
“The suspension of Sethi is not challenged yet before the division bench,” Afnan Kundi added.
A court official, however, said the bench had just summoned Sethi and others on the next date of hearing on Nov 4.