Sindh High Court is­sues no­tice af­ter Latif pe­ti­tion

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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 me­dia per­sons. "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).

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