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What happened?
Former Pakistan Cricket Board (PCB) chairman Najam Sethi has termed the ICC’s decision to dismiss the country’s compensation claim against the BCCI for not honouring a bilateral MoU as “vague and absurd”.
Terming the decision a “politically motivated” one, Sethi, who convinced the PCB to file the compensation case against the BCCI, said Pakistan were forced to lose a strong case.
“We’ve pursued the case in the best possible manner. But we also must not forget that India have an extremely strong lobby in the ICC. Even then, this judgment is extremely vague and absurd,” Sethi said.
“I seriously believe that this judgment is politically influenced. India’s strength in ICC is unquestionable at times.”
The ICC had dismissed Pakistan’s compensation claim of around USD 70 million against BCCI earlier this week, saying the MOU signed between the two boards to play six bilateral series is not a legally binding agreement as claimed by the PCB legal team.
According to the MoU, which was signed at the time of the formation of ‘Big Three’ in 2014, both India and Pakistan were due to play six bilateral series between 2015-2023, four of which were supposed to be hosted by Pakistan.
But no series has been played between the two nations till date as the BCCI didn’t get didn’t get clearance from the government.
Sethi, who was the PCB chairman when the case was filed, said nearly 9000 documents were presented in the case but the judgement was made up of just two paragraphs.
“Even in that judgment, there are so many contradictions. First they claimed that PCB’s version was right and if the signed document is viewed with the microscope, then there was a legal binding on the BCCI to fulfill,” he told a television channel.
“On the other hand, they said that if the document is viewed with the telescope, there are many other things involved which needs to be considered and hence the decision should go in the favour of BCCI.”
The former PCB chairman expressed surprise that the ICC committee had even accepted the oral orders of the Indian government as solid and concrete evidence.
“This kind of judgment is shocking to say the least,” Sethi said.
Sethi also said that the PCB took the compensation case to ICC for arbitration and litigation on the advice of top lawyers in the UK and Pakistan.
“We knew that India will put pressure on the ICC to give the verdict in their favour, but we were expecting a decision from where things can move forward. “However, this judgment leaves a bad taste and unfortunately it seems that cricket between the arch-rivals is expected to resume only when India will want to play Pakistan,” he said.
https://indianexpress.com/article/s...m-against-bcci-is-absurd-najam-sethi-5460077/
He knew all these but still filed a case![]()
Knowing all that, he continues to make reckless statements on this matter.
The BCCI didn't do anything against the WICB when it abandoned the tour to India, don't think the BCCI will be going after the PCB either.
The BCCI didn't do anything against the WICB when it abandoned the tour to India, don't think the BCCI will be going after the PCB either.
West Indies pulled out due to their internal conflicts which didn't malign bcci. It was their misfortune and BCCI fully understood the situation. It wasn't WICB vs BCCI.
But PCB purposefully try to damage BCCI. no way BCCI will just walk away as if nothing happened.
These two situations are totally different. BCCI is known for holding grudges.
In past, though PCB was ranting, BCCI didn't pay attention. But by dragging into arbitration, PCB created a conflict and BCCI will try to make an example out of this situation. Yes, it'll be like a bollywood drama.
Do you really think WICB and PCB are same for BCCI ?
Ofcourse not, the PCB is a more stronger rival and will not let the BCCI bully them without a fight
The damages to the BCCI due to the actions of the West Indies was around $40 million, the PCB has not caused even close to 1% of that headache.
It isn't about money. It is about reputation and influence.
Though BCCI lost much more, they didn't take any action against WICB.
But even after winning the case, BCCI is sueing PCB which is much lesser amount.
That should give you an indication about intention of BCCI.
The damages to the BCCI due to the actions of the West Indies was around $40 million, the PCB has not caused even close to 1% of that headache.
The PCB will present its case as to why it should not be held liable for BCCI's legal fees and hopefully the PCB refuses to pay the BCCI and files a case against the ICC for trying to force it to do so.
BCCI lost almost nothing. We played a series vs SL within two weeks of Windies pulling out. SL of 2014 were a bigger draw than WI and BCCI hardly lost anything.
Then why would the BCCI sue the WICB for $42 million in damages after the cancellation?
It isn't about money. It is about reputation and influence.
Though BCCI lost much more, they didn't take any action against WICB.
But even after winning the case, BCCI is sueing PCB which is much lesser amount.
That should give you an indication about intention of BCCI.
The PCB will present its case as to why it should not be held liable for BCCI's legal fees and hopefully the PCB refuses to pay the BCCI and files a case against the ICC for trying to force it to do so.
Then why would the BCCI sue the WICB for $42 million in damages after the cancellation?
It was within BCCI's right to do so. WICB had a contractual obligation.
I'm surprised after all this time you haven't figured out how contracts work
BCCI threatened to sue WICB for a few days but I don't think actually went ahead as SL agreed to tour immediately.
Lol but according to the MOU, the BCCI had to uphold their obligations to play Cricket with Pakistan. Why criticize the PCB for suing then.
Still don't know the difference between an MOU and a Contract huh? even after PCB got slapped around by PCB's appointed lawyers. Dman, thats pretty bad.
I believe what happened was the BCCI and WICB reached a compromise where the WI agreed to play matches in the future as compensation for that cancelled tour.
Or an underhand deal to ensure that all WI players picked by franchises will be available for entire IPL season.
I understand the difference, its a fine line and the only reason why the PCB is because the BCCI wrote the final verdict. My question is why criticize the PCB for suing if you are say the BCCI had the right to sue the WICB?
the fact that you think its a fine line between MOU and a contract tells me you have little to no experience in business dealings.
Contracts have remedies and penalties and therefore the right to sue for damages.
MOU's don't.
Contracts have exit clauses as well where either party can exit under extenuating circumstances.
Contracts have exit clauses as well where either party can exit under extenuating circumstances.
In 2009 PCB tried to arm twist ipl by threatening to not issue NoC to Pakistani players. Soon 2019 will be here and PCB still paying for the gamble to armtwist bcci.
Well there you go. Even contracts which are two steps after MOU’s have exit clauses.
NOU’s by themselves r worthless as PCB learned the costly way. It appears u haven’t
The issue was not the MOU by themselves, it was the intent of the BCCI i.e. the BCCI entered into the MOU fraudulently, insincerely and the fact they didn't go out of their way to seek govt approval for playing Pakistan and the continuing suspicion that the problem is not the Indian govt but the BCCI is justified.
The damages to the BCCI due to the actions of the West Indies was around $40 million, the PCB has not caused even close to 1% of that headache.
Think MoUs are done with parties with integrity - that's all this proves and unfortunately PCB have learnt a harsh lesson. Seems that all the goodwill they thought they had generated came to nothing with a counterparty with very dodgy intentions.
Lol but according to the MOU, the BCCI had to uphold their obligations to play Cricket with Pakistan. Why criticize the PCB for suing then.
Think MoUs are done with parties with integrity - that's all this proves and unfortunately PCB have learnt a harsh lesson. Seems that all the goodwill they thought they had generated came to nothing with a counterparty with very dodgy intentions.
So you believe the Govt of India has no say in matters ?
When you are willing to sell your stated principles for the sake of a few bucks, do not expect everything to go in your favour.
Everything went in favor of the other 9 ICC members vis a vis the BCCI. Why do these so called phrases just apply to the PCB?
Maybe Yes. But let there be no doubt that the BCCI itself is more interested in damaging and hurting Pakistan Cricket than the Indian Govt itself.
Think MoUs are done with parties with integrity - that's all this proves and unfortunately PCB have learnt a harsh lesson. Seems that all the goodwill they thought they had generated came to nothing with a counterparty with very dodgy intentions.
Think MoUs are done with parties with integrity - that's all this proves and unfortunately PCB have learnt a harsh lesson. Seems that all the goodwill they thought they had generated came to nothing with a counterparty with very dodgy intentions.
Maybe Yes. But let there be no doubt that the BCCI itself is more interested in damaging and hurting Pakistan Cricket than the Indian Govt itself.
It is not unusual for the winning side to seek reimbursement for court and other legal costs. While 4Mil is insignificant for BCCI, I think they are trying to send a message. If they do win and are allowed to get this money from the PCB, they have two options:
1) Ask PCB for the money which I think PCB will refuse
2) Go to ICC with the court order asking them to arbitrate. ICC can either force PCB to pay and if they still declibe, will pay BCCI directly deducting the 4Mil from future ICC payouts to PCB
Either way PCB looses. Najam Sethi should have paused and thought this through before pushing through with this pointless lawsuit
If I'm not wrong, the MoU (and effectively the bilaterals) was what BCCI said they will give to the PCB for their vote for the Big 3.
PCB sold their integrity then and there for a few bucks. I don't think PCB (or any of their supporters) are in any position to talk about integrity when their morals have been so lose from the start.
Lol, so every country that voted for the Big 3 is devoid of integrity then?
Its not even a MoU. Its a LoI or letter of intent.
This was not a pointless lawsuit, it was a lawsuit filed on principle and a just cause. The outcome does not make it pointless
No. Every country that changed it's original stance on the Big 3 issue just because of the prospect of earning some money (bilaterals) is devoid of integrity.
your own PCB chairman has admitted that PCB would have done the same thing (recover costs) and is therefore taking the behind the closed doors approach to resolve the matter. There is such a thing called - reality. The more you refuse to accept it the more it will hurt you.
You can't always accept harsh realities, I believe you do your best to fight injustice. Being powerless to do so is a different matter but atleast history will know you tried.
Its like how vast majority of people would give up trying to pursue a girl completely out of their league and the person eventually fails but atleast down the road he will hold his head up high given that he tried his best.
The only difference here is there was no injustice committed on PCB.
You kidding me. You obviously won't realize by try dealing with 10-20 years of no international cricket in your home country with teams making false promises to tour and then cancelling at the last minute and causing huge financial losses.
It took the BCCI one cancelled/abandoned tour by the WI to file a $42 million case.
Are you kidding me who is responsible for instability in Pakistan ,other teams???It is not other teams responsibility to make sure PCB is having money. Aussies cancelled Bangladesh tour while it is harsh, but reality is it is a loss for them so they did what is best for them.
WI abandoned the tour midway and that is totally different from what PCB is facing India has no obligation to do anything for Pakistan.
The level of instability in Pakistan is open for interpretation, but the PCB has proven by successfully hosting 10-15 international games in Pakistan that full proof security can be provided to international teams and that cricket can be played here. Teams are responsible for fulfilling their bilateral and contractual obligations. If other teams insist on doing apparently what is best for them vis a vis Pakistan then the PCB has the right to do what is best for them vis a vis other teams i.e. lawsuits.
Just because it has hosted few matches by paying the mainly retired players large money, Pakistan becomes safe in the eyes of all other countries. They have full right to decide what is best for them.PCB has right to do what they want including law suits, just don't expect anything to come out them.
Justice has been served in this case and PCB is not entitled to get even a dime.PCB needs to stop acting all entitled and act as if it other boards job to make sure it is properly funded.
I want BCCI to go hard on them with this counter suit.
So what if the players were retired and they were paid money, does that make their lives less valuable in the eyes of the terrorists? The point is the PCB and the Pakistani govt has given a sufficient sample size that it can safely hold international cricket in Pakistan and provide fool proof security and playing cricket in Pakistan is safe.
Other boards should be held liable for not honoring their bilateral arrangements and causing losses to other boards.
This was not a pointless lawsuit, it was a lawsuit filed on principle and a just cause. The outcome does not make it pointless
Plenty of countries did that, there were 6-7 countries that were against the Big 3 model but eventually changed their stances to vote in favor of it because they accepted the reality that they were powerless to stop it from happening.
You can't always accept harsh realities, I believe you do your best to fight injustice. Being powerless to do so is a different matter but atleast history will know you tried.
Its like how vast majority of people would give up trying to pursue a girl completely out of their league and the person eventually fails but atleast down the road he will hold his head up high given that he tried his best.
Succinctly put, Tusker.
BCCI's current might was not built in days or months. It took decades of silent hard work (most notably by Dalmiya & Bindra, latter is quite an underrated cricket administrator) behind the scenes.
Its common sense that you don't get into fight with someone you're planning to do business with even if you hate that entity with a passion.
Let me clarify, I dont think the PCB hates the BCCI at all
Maybe not. But Sethi surely did. And he let his emotions take over a business decisions. And PCB is now suffering the consequences of it. Even Mani has said as much.
I'm surprised that Sethi isn't being criticized more for dragging PCB into such a position and doing so much damage to it. You should be a lot more angry with Sethi than you should be with the BCCI or the ICC.
I didn't mean it that way. That was just an example to cite that business interests take precedence over everything in today's world. BCCI understood this better than probably everyone else and that's why they are where they are.Let me clarify, I dont think the PCB hates the BCCI at all