SHC restrains PCB from interfering in HDCA's affairs (26 August 1999)

26 August 1999

SHC restrains PCB from interfering in HDCA's affairs

MH Khan

Hyderabad, Aug 25: A division bench of Sindh High Court Hyderabad circuit here on Wednesday restrained PCB ad hoc committee chairman Mujeebur Rehman from suspending Hyderabad Division Cricket Association, freezing its bank accounts and interfering in its affairs.

The order was passed by the Bench on an interim injunction application filed by HDCA through lawyer Allah Bachayo Soomro.

The court on Aug 18 had issued notices to Mujeeb-ur-Rehman, chairman Pakistan Cricket Board (PCB) ad hoc committee, Javed Zaman, member ad hoc committee for Aug 25.

But neither respondents nor their lawyer appeared before the court. The notices were issued to respondents through courier service and the receipts of notices were placed before the court.

The counsel for HDCA maintained that the PCB ad hoc committee had no authority to suspend HDCA and apart from this no notice was given to petitioner association prior to passing of order of suspension of operation by petitioner. He claimed that his client has been condemned unheard by the ad hoc committee. He referred to a news clipping in which Mujeebur Rehman was said to have suspended cricket associations all over the country.

He brought it to the notice of the court that Karachi City Cricket Association had filed a suit before principal bench at Karachi and it had been ordered by the court that no further adverse action would be taken against KCCA and that petitioner wants similar relief from this court.

The lawyer maintained that HDCA's account had also been frozen and after his client's suspension there was unrest and confusion among 120 cricket clubs, enrolled with the cricket association.

He was of the view that suspended association had almost finalized arrangements for the ensuing under-19 cricket tournament which was about to be commenced and some other sorts of requirements are still to be fulfilled.

He said under existing circumstances not only the petitioner but cricket clubs would be adversely affected. He further argued that respondents had no authority to suspend The Management of petitioner, appoint any sub-committee and freeze bank accounts as these actions were malafide, void and illegal.

He quoted article 37 of 'suspension of membership which reads" if, at any time, the council is of the opinion that the affairs of a full member or associate member are not being carried out in accordance with this constitution, or its conduct is derogatory or repugnant to the aims and objects of the board or it no longer fulfils the qualifications for membership, or has failed to abide by the undertaking given by it under article 13 or has failed to meet its financial obligations to a board, it may suspend its membership."

Through an interim order the bench has allowed the application praying for interim injunction against respondents. The matter has now been adjourned to a date in office.

Source :: The Dawn (www.dawn.com)