BEFORE THE HON’BLE ISLAMABAD HIGH COURT, ISLAMABAD Writ Petition No.__________ /2019 1. Mr. Bilal Farooq Alvi, House No .., Nazim ud-din Road, F-10/ , F10, Islamabad
1. 2. 3. 4.
Petitioners
vs President Of Pakista, Patron- in – Chief, Pakistan Cricket Board, President House, Islamabad. Ministry for Inter-provincial coordination, through its secretary, Pak secretariat, G-5, Islamabad. Pakistan Cricket Board, through its Chairman, PCB head office, Qaddafi stadium Lahore. Selection committee of Pakistan Cricket Board, through its Chief Selector, PCB head office, Qaddafi Stadium, Lahore. Respondents
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973 Respectfully Sheweth: 1. That the addresses of the Parties, as provided in the heading of the instant Writ Petition, are sufficient for any communication to be done by the honorable Court.
ISSUES I.
The instant petition has been filed to invoke extra-ordinary constitutional jurisdiction of this Hon’ble Court for taking all such steps, that are
deemed necessary, to curb the evils of nepotism, favoritism, despotism, corruption, and mal-administration in the national cricket board, which
by virtue of its operations and status, is answerable to the nation viz-a-viz the courts, and which, owing to its’ present day precarious operations, is II.
causing shame, dis-repute and dis-honor to the citizens of Pakistan.
This petition flows from the constitutional guarantees’ of right to
information, right to dignity, right to equal treatment and lastly the right to claim, remove corruption and seek transparent utilization, judicious
use, and merited disposition of the funds, which owing to their charter as public money, is a trust of the citizens and nation, and the cricket board, acting as an agent for the utilization of the fund, is answerable for its’ misuse.
PARTIES 2. Pakistan Cricket Board is a juristic/ statutory body incorporated under section 03 read with section 04 of the Sports ( Devolpment and control
ordinance 1962.It works under a constitution, which was notified vide SRO No. 100 (1)/ 2013.
3. Chairman of the board, is a post of appointment. Section 06 of the board’s constitution empowers him to appoint selection committee, and under
section 4 (iii) board has been empowered to maintain general control of the game of cricket in all formats.
FACTS 4. There is no cavil to the fact that cricket is a game and winning and losing is part and parcel of the game and no participant of the game can be put to
blame merely on the basis of losing and defeats. But in backdrop of recent
failures of the Pakistan cricket team, and the gradual downfall of the standard of the cricket in the country and lastly the manifest politicking,
nepotism, and design-full cricketing performance, by the players for ends
alien to the game, are agitated hereunder for the respondents to be held answerable for.
5. The failures and delinquencies as elaborated in the succeeding paras, are causative of violation of fundamental rights of the petitioner, as well as of the, collective fundamental rights of the nation.
6. The facts for the purpose of this petition are elaborated in the form and
manner of questions, as otherwise, the tale of national team’s defeat and disgrace are a common knowledge and reproduction of the tale shall be nothing more than repetition.
QUESTIONS ALONG WITH GROUNDS 7. The chairman, under the constitution is mandated to select the national team. For the purpose, chairman has further been empowered to nominate and select the selection committee, which is obligated to select the national team on the basis of best available players. It is a known knowledge that
the national team, as selected by the selection committee, lacks any formal basis for its composition. The premise for selection has never been publicly made known. If the selection is done on the basis of quantitative
assessment, then naturally the players leading the roast in national and
domestic circuits in statistics are ought to be selected. The list attached at annexure A, having names of the high performers of domestic season,
negate this theory completely as majority of the high performers are not be found in the national team. If the qualitative assessment is given
preference, then it is the very right of the citizens to know, as to who determines the quality? And what uniform formula is adopted for
determining the quality of a player? The excessive and unbridled
discretion, exercised by selection committee, is a wrong which needs addressing and correction.
8. If the Respondent no. 03 and respondent no. 04, had effectively discharged
their duty of selecting the best team for the nation, then why, the prime minister of Pakistan, a famed former cricketer and executive head of the
federation, had to identify a few players of the squad as “Railu Kattas’ i-e “jack of trades, nil mastery” (Annexure B). This implies that the best squad was not selected, and respondent no. 03 and respondent no. 04 failed to
discharge their duty honestly and diligently. This failure in discharge of duty needs inquiry,
9. Whether the selection committee follows the pivotal rule of reasoned and justified decisions. Per the known information, the team is selected in
closed doors, and the reasons prevailing for and against the respective names of players are neither recorded nor discussed. It is for this Hon’ble court to divulge upon the question that is the Respondent no. 02 and
Respondent no. 03 above the concept of structured discretion? This needs an injunction.
10. The selection committee, by its most arbitrary of proceedings, is absolved
of accountability and answer-ability. Whether any office holder, be it a pleasure office, above the basics of accountability and transparency. In
absence of the minutes of meetings and formal reasoning over each and
every contender for selection, the selection committee has transgressed over the other pivotal ad fundamental super-structures for enforcing equality and equal treatment.
11. Whether the failures of selection committee in selecting the most deserving national team, acts as a prejudice against all the citizens of Pakistan , who persistently strive, hope and dream of representing the national colors.
12. The national team, at present, is tainted with politicking, grouping, and
wickedness of a few members. This has been rampant and players
involved in this are still part of the team, enjoying privileges and pedestaled position. One player namely, shoaib malik, present member of the team, has previously been on many times found guilty of this evil.
(Annexure C). It is for the respondents to answer as to why and how, a
player of such credentials, and such mediocre cricketing skill, still part of the team?
13. The politicking and grouping in the team, is in simplest sense a betrayal to
the nation. Wilfully loosing, and not performing to the optimum, for bringing down a captain, and for securing future position through the
orchestrated loss, is nothing but a breach of trust. What action against such shameful act has ever been done by the Cricket Board?
14. Whether a person who wilfully plays lower than optimum, and lowers the team morale, not subject to disciplinary as well as the nation? For the crime of his, the result is felt and suffered by the whole nation at large, and a crime of this intensity must be dealt fittingly and equally?
15. Whether the respondent no. 03 and respondent no. 04, owing to their
illustrated failures, are not liable to be subjected to recovery of liquidated/
unliquidated damages for breach of trust so caused with the nation and citizens.
16. That the respondent no. 03 and respondent no. 04 have catastrophically
failed to perform in line with the duties and mandate drawn in the constitution. Details of which shall be advanced during arguments.
PRAYER
That in light of the abovementioned facts and circumstances, it is most
respectfully prayed that writ may be allowed granting the following relief sought:
A. Declare that respondent no. 03 and respondent no. 04 hold a
fiducial position in context of the nation, and are bound to act in
line with the mandate of the board’s constitution. And their failure thereof, is subject to accountability, both judicial and administrative.
B. Declare that the respondent no. 04 is bound to exercise his
powers in structured discretion mechanism and no decision qua
selection of the team, cannot be taken without attaching reason to the decisions
C. Direct the respondents to satisfy the court about the selection criteria in vogue, and in case of failure of them to do so, direct
respondent no. 01 to initiate appropriate proceedings against them
D. Direct that the inquiries conducted against all players involved in politicking and grouping within the team be made public
E. Ordain a fact-finding inquiry into the news of grouping and
intentional lackluster performances by present members of the world cup squad, and those found guilty, be subjected to exemplary penal consequence.
Any other and better relief that the honorable Court deems
appropriate may also be granted.
Petitioner through
Asad Abbas Naqvi Advocate High Court CC No:
Bilal Farooq Alvi Advocate High Court CC No:
First Certificate: It is certified as per instructions that this is the first writ petition of its nature on the subject matter by the Petitioner before this Hon’ble Court and no other on the subject matter is pending before
Second Certificate: It is certified that this petition has arisen from violation and nonfulfillment of obligations under the Constitution of Islamic Republic of Pakistan, 1973 and that no other adequate remedy is available to the Petitioners.
Counsel
Counsel
.
any forum filed by the petitioner