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Published 08 Nov, 2008 12:00am

PCB serves notice on Yousuf for breach of contract

LAHORE, Nov 7: The Pakistan Cricket Board (PCB) on Friday sent a legal notice to banned middle-order batsman Mohammad Yousuf, asking him to deposit Rs 10.067 million for breaching various clauses of the Board’s Central Contract and rejoining the breakaway Indian Cricket League (ICL).

Yousuf joined the ICL earlier this week, violating various clauses of the central contract which he had signed on Jan 1, 2008.

The seasoned player had originally joined the rebel league last year but was persuaded by then chairman PCB Dr Nasim Ashraf to comeback into the Pakistan ranks, offering him a lucrative sum besides getting a contract for him to play for the ICC-recognised Indian Premier League (IPL).

The ICL then took Yousuf to court over the spoilt deal, prompting the PCB to come to Yousuf’s defense and fight his case. In the process, the cricket board has so far spent Rs 10.067 million with the case still pending in the Indian court.

PCB Director General Saleem Altaf, while addressing a press conference, said that the Board’s lawyer Shan Gul had sent the notice to Yousuf to inform him that the PCB had terminated his contract with immediate effect.

In the notice the lawyer states: “That you Muhammad Yousuf signed, entered into and executed a contract (central contract) with the PCB vide deed dated January 1, 2008 and by doing so you bound yourself by the terms and conditions stated therein.”

“That on 3/11/08 it came to light that you had violated and breached the terms of the aforementioned Central Contract by yet again signing up and thereby agreeing to participate in the Indian Cricket League (neither recognised nor approved by the ICC and PCB) in India.”“That through a press conference dated 4/11/08 you confirmed and reinforced the breach of contract by admitting your decision to participate in the ICL.”

“That by doing so you have breached, violated and contumaciously and consciously acted in contravention of clauses 1.4.2, 2.1.1 (a)+ (b), 2.2.1 (d), 2.2.2, 2.3 and 4.1 of the Central Contract.

“In view of your misconduct the PCB acting in term of clause 13.1 read with 1.4.2 has decided to terminate your contract with immediate effect. The contract, therefore, stands terminated as of today.”

“Furthermore, the PCB hereby bans, forbids and stops you from playing any form of representative cricket (dept, association, club) in Pakistan. This ban also applies in the case of teams under PCB’s jurisdiction but playing outside Pakistan.”

“Separately, the PCB is entitled to recover from you costs (in the form of expenses) incurred by the PCB on your long drawn out litigation with the ICL. Since you by your conduct and action have deceived the PCB and compromised the very stance for which Rs one crore sixty eight thousand were spent by the PCB for your benefit all payments (if any) to you by the PCB are immediately stopped so as to offset PCB’s aforementioned expenses.

“Furthermore, the PCB puts you on notice in terms of clauses 13.2 and 13.4 of the central contract for a suit for recovery and consequential damages based on inter-alia unjust enrichment and breach of trust and contract.”

Meanwhile, Yousuf, while defending himself for rejoining the ICL had said that the attitude of Pakistan skipper Shoaib Malik, national selection committee and the PCB forced him to rejoin the ICL, but he was still ready to represent Pakistan. But according to the PCB policy any player who will join the ICL will face ban till his association with the rebel league.

It is learnt that the PCB had paid an amount of Rs 1100,000 to his lawyer Tafazul Hussain, while paying another amount of Rs one million to two Indian lawyers for Yousuf’s case. Besides other expenditures, the PCB also included an amount of Rs six million in the notice for the amount which it had paid to Yousuf at the time of returning to the PCB after ditching the ICL organisers.

Asked if the PCB would launch any inquiry into the charge levelled by Yousuf that the PCB deliberately did not get the Canadian visa for him to represent Pakistan in the four-nation Twenty20 Championship last month, Saleem said though the current management was not at the helm at that time, the board would conduct an inquiry into the allegation to dig up the truth.

Yousuf was originally for Canada’s tour but the PCB later claimed that the High Commissioner of Canada did not issue visa for Yousuf and another journalist.

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