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February 15, 2020

PSB executive committee decisions have no legal cover

Sports

February 15, 2020

ISLAMABAD: All decisions taken by the Pakistan Sports Board (PSB) Executive Committee are destined to be challenged in the court of law as these have no legal value since no Board has ever been constituted from where it draws its powers.

The committee, that met recently, has taken several decisions affecting the working of the PSB and its employees and also giving passing comments on the recently-held Pakistan Olympic Association (POA) elections. All these decisions may well land in the court of law for legal opinion as the Executive Committee has been formed without the formation of the Board (General Council) that is pre-requisite in all governed constitutions of autonomous bodies.

“In all constitutions that govern formation of an autonomous body the formation of Board is must before any further move. Once the Board is formed, the Executive Committee gets its formation from that particular Board. Unless and until the Board (General Council) is constituted such meetings holds no legal cover.

“It is surprising to see the first-ever meeting of the PSB Executive Committee without the completion of General Council. The committee has got no legal cover and all their decisions are likely to be challenged in the court of law in near future,” one of the former PSB top officials when contacted said.

He clarified that before the formation of the five-member Executive Committee, the formation of 11-member PSB Board is a must. “Look the Board has yet to be given final shape. Though notification has been issued, the formation is yet to take its final shape. No name from the private sector has been finalized yet, neither three federations that are to become members of the board have been named. The 11-member board consists of three representatives from the Board and two members from private sector. No effort has been made to first complete the formation of the Board and then go towards the next step and that is the formation of the Executive Committee. The General Council (Board) formation is a must before moving ahead,” he said.

He said that PSB has already been in the grip of serious constitutional crises and only on Thursday, court has relieved 17 employees who had recently joined the Board from other departments.

“The PSB high ups have been using delaying tactics in recent times which hampered up-gradation and development work. Under such scenario efforts should be made to take constitutional course to fulfill necessary requirements,” he said.

When The News approached Director General PSB Amna Imran to get her point of view Wednesday, after considerable efforts she finally responded saying there was no harm in convening the Executive Committee meeting before the formation of the Board. “We have made some constitutional amendments in the existing PSB constitution and under these amendments we don’t need the formation of the General Council (Board). We are also in final stage to form Board. The formation of the Board has already been notified in the amendments and we have almost finalized members of the General Council (the strength of which has been squeezed from 37 to 11).”

Even in the amended constitution, there is no clear clause that says there is no need to form the General Council first and Executive Committee is free to hold meetings and to take decisions without the formation of General Council. The fact of the matter is that Executive Committee drives of all its powers from the General Council-which is prerequisite of all such constitutions.