Why is the Sharjeel Khan case taking so long to reach a decision?

[ExpressPacer]

Why is the spot-fixing scandal case being deprived of an end result, a decision? Every other day we hear about how we will find out what will happen soon but it's being dragged and dragged. What's the matter? I don't care if he's guilty or not, I just want to know now.

 

[cricketerB94]

Why is the spot-fixing scandal case being deprived of an end result, a decision? Every other day we hear about how we will find out what will happen soon but it's being dragged and dragged. What's the matter? I don't care if he's guilty or not, I just want to know now.

Because the tribunal members are getting free paychecks every day for dragging this case.

 

[ExpressPacer]

Because the tribunal members are getting free paychecks every day for dragging this case.

Why doesn't someone do something about that..

 

[Deewana Mastana]

Because the entire thing is corrupt from the core.

 

[mak36]

Because the tribunal members are getting free paychecks every day for dragging this case.

Even though they were the ones who denied the parties further extensions, as the tribunal saw it as an obvious attempt to delay matters? Please stop making things up.

 

[mak36]

This is my reading of the situation.

Firstly, all the tribunal members need to discuss the case and then reach a conclusion. Crucially it is not enough that they all/majority reach the same conclusion. In reaching their conclusion, a tribunal has to: (i) address every point/argument raised by the parties and (ii) show clear reasoning for their conclusion (that is not flawed). So the tribunal members could all reach the same conclusion but have different reasoning for it- that's a little unlikely in this case, but without having seen the evidence it's difficult to tell.

The tribunal (which includes a retired HC judge) are well aware that whatever they decide, the "losing" party is likely to appeal the matter. There is obviously a margin of appreciation within which a range of reasonable conclusions is valid. However, beyond that if the tribunal makes an error in law and/or uses flawed reasoning the SC is likely to allow the appeal. That would either be an appeal on the substance (ie overturn the decision or send it back to the original tribunal- unlikely) and/or allow the appeal on a procedural matter (this is what Latif's lawyer meant when he announced he was going to the SC- obviously he can't appeal the substance given a decision has not been made, but he can try and appeal on procedural grounds. It's still odd for him to do it just as proceedings have finished though). The latter would be terrible in that if the parties are guilty they could get off scot-free and/or proceedings would have to start all over again.

Given it is such a high profile case that the tribunal know will be appealed, I am not surprised the tribunal is being careful in its approach- they want to make sure it is watertight. No judge likes having their decision appealed, and in a case where an appeal is guaranteed whatever the conclusion the tribunal will obviously take due care.

All in all, these delays might be a little frustrating but I would rather there is a delay now if it ensures the original judgment is watertight, rather than having to go through the whole thing again!

 

[cricketerB94]

Even though they were the ones who denied the parties further extensions, as the tribunal saw it as an obvious attempt to delay matters? Please stop making things up.

They are delaying it from the start. Even last time I heard, Khalid was due to submit final arguments on July 29, along with Sharjeel. And the tribunal delayed it for 10 more days to get Khalid's arguments. And guess what!!
Khalid is still not submitting final arguments after 10 days delay, he is going to Supreme Court either. So who got the advantage of this delay? Rings some bells?
They delayed Sharjeel's case so much that his lawyer had to say many times in public that PCB is using delaying tactics.
The tribunal is getting paid for Shahzaib's case too and we know that how long dates he gets for his case.

 

[mak36]

They are delaying it from the start. Even last time I heard, Khalid was due to submit final arguments on July 29, along with Sharjeel. And the tribunal delayed it for 10 more days to get Khalid's arguments. And guess what!!
Khalid is still not submitting final arguments after 10 days delay, he is going to Supreme Court either. So who got the advantage of this delay? Rings some bells?
They delayed Sharjeel's case so much that his lawyer had to say many times in public that PCB is using delaying tactics.
The tribunal is getting paid for Shahzaib's case too and we know that how long dates he gets for his case.

Please try to understand, it's the parties delaying it!

If the parties wait until the last minute to announce they are going to boycott proceedings, whose fault is that? If Latif decides he is not going to submit final arguments, whose fault is that? As I said earlier, Latif's lawyer asked for another extension and the tribunal rejected it, as they saw it as an obvious attempt by Latif's lawyer to try and waste time.

Irrespective of the merits of the cases, it's pretty clear the parties are playing games and trying to use every delaying tactic in the book.

Read my earlier post and you will understand.

 

[cricketerB94]

Please try to understand, it's the parties delaying it!

If the parties wait until the last minute to announce they are going to boycott proceedings, whose fault is that? If Latif decides he is not going to submit final arguments, whose fault is that? As I said earlier, Latif's lawyer asked for another extension and the tribunal rejected it, as they saw it as an obvious attempt by Latif's lawyer to try and waste time.

Irrespective of the merits of the cases, it's pretty clear the parties are playing games and trying to use every delaying tactic in the book.

Read my earlier post and you will understand.

They will still get paychecks until Shahzaib and Jamshed's case is solved. Not a bad thing for them to get rid of two difficult cases and still enjoy their paychecks.

 

[mak36]

They will still get paychecks until Shahzaib and Jamshed's case is solved. Not a bad thing for them to get rid of two difficult cases and still enjoy their paychecks.

Have you seen their contract agreements? In most cases, when the tribunal/arbitrators are not sitting and they aren't working on the papers, they won't be paid.

If they are working on the papers during the period they are waiting for proceedings to re-commence then that is fair enough- everyone has the right to earn a salary for the work they do.

 

[Syed1]

You expect a corrupt individual like Sethi to administer justice? Good luck.

 

[sshakir411]

It doesn't make sense for the PCB to appeal any decision made by its own cherry picked Tribunal in Sharjeel's case. PCB is trying to get Sharjeel to accept some of the charges because they don't have much that will stick as evidence for spot fixing. Khalid has ruined it for himself by playing tough and his case will drag on. Expect to get a decision on Sharjeel by the end of this month...he will most likely accept meeting a bookie and not reporting it. Will face like a 2 yr ban or maybe 1.

 

[mak36]

It doesn't make sense for the PCB to appeal any decision made by its own cherry picked Tribunal in Sharjeel's case. PCB is trying to get Sharjeel to accept some of the charges because they don't have much that will stick as evidence for spot fixing. Khalid has ruined it for himself by playing tough and his case will drag on. Expect to get a decision on Sharjeel by the end of this month...he will most likely accept meeting a bookie and not reporting it. Will face like a 2 yr ban or maybe 1.

Don't understand this criticism about "cherry picked." The tribunal was picked in accordance with the procedures of the PCB, and it would have been the same had it been any other cricket board. It is after all an internal case so obviously internal procedure will be followed- I would be more worried if the PCB didn't have such procedures in place.

By the way, cherry picked doesn't mean the tribunal is biased- otherwise every arbitration tribunal would be questioned.

 

[sshakir411]

Don't understand this criticism about "cherry picked." The tribunal was picked in accordance with the procedures of the PCB, and it would have been the same had it been any other cricket board. It is after all an internal case so obviously internal procedure will be followed- I would be more worried if the PCB didn't have such procedures in place.

By the way, cherry picked doesn't mean the tribunal is biased- otherwise every arbitration tribunal would be questioned.

I think you're assuming that I meant cherry picking was biased. I never said that. I just asked why would the PCB appeal the decision made by the Tribunal picked by them...since you mentioned earlier that all losing parties will appeal. I think the Tribunal is fairly independent.

 

[mak36]

I think you're assuming that I meant cherry picking was biased. I never said that. I just asked why would the PCB appeal the decision made by the Tribunal picked by them...since you mentioned earlier that all losing parties will appeal. I think the Tribunal is fairly independent.

Fair enough- many posters do seem to think it is a biased tribunal which is why I made the comment. Apologies for assuming that's what you meant.

I agree that Sharjeel and co are the more likely to appeal the decision. But given the PCB are pushing for life bans it's possible they will appeal if they think the punishment is too lenient. After all, if it is an independent tribunal it's still possible for the decision to go against the PCB. That's my reading of the situation anyway.