Lahore High Court dismisses Rizwan's petition
Mohammad Rizwan's petition against Pakistan's national cybercrimes agency has been dismissed by the Lahore High Court, with the Pakistan wicketkeeper-batter directed to respond to their queries.
Rizwan had filed a writ petition on Wednesday at the court through his lawyers, arguing that Pakistan's National Cyber Crimes Investigation Agency (NCCIA) had not specified why they were questioning him, and also that the agency did not have jurisdiction over the matter, which the petition said was "purportedly in respect of online betting/gambling in the sports of Pakistan cricket".
The petition was, however, dismissed after a short hearing on Thursday. It is not yet known if Rizwan will appeal the decision or comply and respond to the NCCIA.
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Rizwan's petition was filed in response to being called by the NCCIA last week for questioning. Imam-ul-Haq also appeared before the agency on the same day, but he filled out his responses to a questionnaire he had been given and sewnt it back to the agency earlier this week.
Rizwan had chosen to go to court.
His petition said that the "allegations are absolutely misconceived, concocted, illusionary and vague and nothing more than a vexatious and feeble attempt to malign the interest and reputation of the Petitioner".
The petition also challenged the jurisdiction of the NCCIA, citing the ICC's anti-corruption unit (ACU) as the body that investigated allegations related to such matters.
Last week, the PCB also announced its own post-England tour inquiry, though it is not clear whether it is related to this matter
"… the ICC ACU is the body specifically constituted and mandated to receive, investigate and act upon allegations of corruption, including betting and spot-fixing, against players participating in international cricket, including the Petitioner," the petition said. "No reference of the alleged conduct has been made to the ACU. In the absence of any independent, specific offence… the NCCIA's assumption of jurisdiction is without lawful basis and amounts to an abuse of process."
The petition listed the various offences the agency is empowered to investigate, before concluding that the notice did not "identify which of these specific offences is alleged to have been committed, or which provision has purportedly been contravened, the exercise of jurisdiction... is not merely irregular but wholly without jurisdiction".
It also alleged that Rizwan's mobile phone had been taken from him shortly after the Lord's Test in England. It was the defeat by 194 runs there which prompted the PCB into sending back home Rizwan, Imam and five other players, as well Sarfaraz Ahmed and Umar Gul, the head coach and bowling coach respectively.
The petition claimed that Rizwan was "summoned to the lobby of the hotel where the entire team was staying, at 01:00 AM in the night". "There, an officer purportedly from some government agency was present," it added. "Despite no notice with respect to the foregoing, the Petitioner [Rizwan] was interrogated by the said officer and his mobile phone was confiscated from him without providing him with any reason or justification in respect thereof. He was also not informed of any order which, authorized the confiscation of his phone."
Rizwan handed over his phone "on the assurance that the device would be thoroughly checked and returned back to him within the next 3 hours" but "despite the assurance, the phone has not been handed back to him till date".
Last week, the PCB also announced its own post-England tour inquiry, though it is not clear whether it is related to this. The board also did not name any players but said it had "initiated an internal disciplinary inquiry following media reports concerning discipline and conduct, which are currently being reviewed internally". That process, the board said, was being "conducted under PCB regulations".
Rizwan and Imam's selection for the two tours of the West Indies and England was the subject of a notice sent by the PCB to selectors after the Lord's Test. The notice asked for a written explanation within 24 hours of the receipt of notice outlining the reasons for their selection and the process through which it was arrived at. Misbah-ul-Haq, one of the selectors, resigned from the post following the changes to the squad.
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