The Sindh High Court has issued a notice to the PCB, after accepting former Pakistan wicketkeeper Rashid Latif's petition that challenged PCB's constitution and sought a 'fair and transparent' functioning of the board.
The PCB, though, is yet to receive the Sindh High Court notice but ready to face the writ petition against them.
"As and when the notice will be received, PCB will be appearing before
the honorable Sindh High Court and defend the petition," PCB legal
advisor, Tafulzul Rizvi, told ESPNcricinfo.
"PCB have openly defend such petitions before the honorable higher courts of Pakistan and will be doing the same."
The petition challenges two posts in the PCB, those of the director
general and the security advisor, and seeks a new constitution in line
with the ICC directives. "The powers assigned to the patron of PCB, who
is the president of Pakistan, are in complete disregard and violation of
the Constitution, as they smack of a non-transparent and discriminatory
approach of the board," the petition said.
"The way the PCB is being governed is a point of concern," Latif's
lawyer, Abdul Sattar Pirzada, told ESPNcricinfo. "Rashid's petition is
not an adversarial one but merely for the public interest as we are not
against any person but the system and the functioning within the PCB.
"This is a democratic country and the PCB should have to function
[according to a] democratic process to operate in a fair and transparent
manner wherein the composition of the officials of the PCB, including
the chairman, is based on an electoral process. The goal ultimately is
the betterment of Pakistan cricket.
"There are two system working within the PCB in parallel to each other
and the direct appointee (the director general) overwhelms most of the
cricketing decision. Our petition seeks an electoral system with elected
people should take decisions similarly in the other successful
cricketing countries."
Pirzada was aware that the ICC had given its member boards two years
to become democratised, and free from government and political
interference, to improve governance within the game. In Pakistan, the
president appoints the chairman of the board, and holds the power to
approve the appointment of the governing board members.
"The blatant and admitted failure of the government of Pakistan to amend
or pass a new constitution in accordance with the directives of the ICC
is a clear and flagrant violation of the very purposes for which the
PCB was established under Section 3 of the Ordinance 1962, i.e. for
developing uniform standards of competition in sports in Pakistan
comparable to standards prevailing internationally," the petition said.
The petition filed under Article 199 of the constitution of Pakistan also challenged the capacity of the director general Javed Miandad and the security advisor Ehsan Sadiq (PCB Director Security and Vigilance).
The post of the director general was first created in 2008 by former
chairman Ijaz Butt, with Miandad first being assigned the post. Its
exact nature and ambit lacked clarity until present chairman Zaka Ashraf
gave Miandad a formal administrative role to work on. He was given, in
August this year, the responsibility of supervising Pakistan's domestic
and international cricket operations.
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