The case of Imam ul-Haq and Mohammad Rizwan isn't going down quietly. The latter has come out and had requested a stop to the cyber security investigating him. His request has since been denied.
Also Read: Cyber Security Alert
The Lahore High Court has dismissed wicketkeeper-batter Mohammad Rizwanʼs petition challenging notices from Pakistan’s cybercrime agency; the NCCIA.
Pakistan wicketkeeper-batter Mohammad Rizwan’s challenge to notices issued by the National Cyber Crime Investigation Agency has failed. The Lahore High Court on Thursday dismissed his petition and linked the inquiry, for the first time, to online betting and gambling.
The Pakistan wicketkeeper-batter filed a writ petition in the court through his lawyers on Wednesday. He argued that the NCCIA didn't specify why they were questioning him and that they didn't have official jurisdiction on the matter.
Until now, public reporting had largely tied the matter to alleged "dressing room leaks;" while the Pakistan Cricket Board (PCB) had described it only as a "disciplinary" investigation.
Chief Justice Aalia Neelum heard the petition at the Lahore High Court and Rizwan was represented by lawyer Qazi Umair Ali.
Rizwan's lawyer argued that the allegations against Rizwan were vague, incorrect and baseless and were a 'feeble attempt' to malign the petitioner's reputation and interest. They also challenged the NCCIA's jurisdiction, saying that the ICC's anti-corruption unit is the body which investigates such allegations.
"No reference to 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 mentioned, as quoted by ESPN.
Ali argued that Rizwan was called to a hotel lobby after the Lord’s Test and questioned without being served a notice. He also told the court that Rizwan’s mobile phone was taken into custody after he was assured it would be returned within three hours.
The lawyer further argued that the ICC Anti-Corruption Unit was the proper forum for corruption-related allegations involving cricketers. But he told the court that no matter involving Rizwan had been referred to the ICC Anti-Corruption Unit.
It is also alleged that Rizwan’s mobile phone was confiscated shortly after the Lord’s Test in England, where Pakistan lost by 194 runs. The petition claimed that the wicketkeeper-batter was summoned to the hotel lobby at midnight and was interrogated by an officer of some government agency.
The officer also confiscated his mobile phone without giving any reason and hasn't returned it to him to date.
During the hearing, Justice Neelum expressed displeasure at Ali's failure to produce the case file in court. She also noted that Rizwan had complied with NCCIA's summons issued on 10 September.
"You were called on September 10, and you complied with it. What brings you to court now?" the judge asked Rizwan.
Justice Neelum also directed the Pakistan wicketkeeper-batter to respond to the notices and explain his stance. "Go there, tell them and respond to the notice," the judge said before dismissing the petition.
Rizwan filed a writ petition on Monday, raising concerns over what is understood to be the lack of any specific allegation against him. He has also questioned the NCCIA's jurisdiction in the matter.
The development comes after Rizwan and fellow batter Imam-ul-Haq were called for questioning following Pakistan's 3-0 Test series loss in England. Both players appeared at the NCCIA's Lahore office last Thursday and were later given detailed questionnaires to complete.
The questionnaires are believed to have sought information about the players' travel and financial history; along with details about their personal and professional lives. While Imam is understood to have submitted his answers through an intermediary before the September 15 deadline; Rizwan has challenged aspects of the investigation.
It's not clear whether the NCCIA inquiry is linked to a separate internal investigation being conducted by the PCB.
The PCB had announced that it had "initiated an internal disciplinary inquiry following media reports concerning discipline and conduct, which are currently being reviewed internally". The board said the process was being "conducted under PCB regulations."
Rizwan and Imam were among seven players sent home after Pakistan suffered a 194-run defeat against England in the second Test at Lord's. Pakistan had already lost the first Test by an innings and 103 runs.
The PCB made several changes after the defeats, with seven replacements sent to England, including five uncapped players. Head coach Sarfaraz Ahmed and bowling coach Umar Gul were also removed.
Pakistan went on to lose the third Test at Edgbaston by eight wickets. Razaullah, one of the replacements, impressed on debut with four wickets and an 81-run innings.
Rizwan scored 12; 41; 7 and 1 in the two Tests he played in England. He had also struggled with the bat during Pakistan's two-Test series in the West Indies.
Imam, meanwhile, suffered a grade-one tear in his left calf after the opening day at Lord's and took no further part in the match. His injury was questioned publicly by chief selector and high-performance director Aaqib Javed.
PCB chairman Mohsin Naqvi had said the review would look beyond performances.
"We have had a discussion to ascertain the reasons behind it. They include factors beyond performance and we will get to the bottom of it," said Naqvi, as quoted by Cricinfo.
The selection of Rizwan and Imam had also come under scrutiny, with the PCB seeking an explanation from a selection committee member over their selection. Selector Misbah-ul-Haq later resigned following the squad changes.
The PCB had announced that it had "initiated an internal disciplinary inquiry following media reports concerning discipline and conduct, which are currently being reviewed internally". The board said the process was being "conducted under PCB regulations".
Rizwan and Imam were among seven players sent home after Pakistan suffered a 194-run defeat against England in the second Test at Lord's. Pakistan had already lost the first Test by an innings and 103 runs.
The PCB made several changes after the defeats, with seven replacements sent to England, including five uncapped players. Head coach Sarfaraz Ahmed and bowling coach Umar Gul were also removed.
Pakistan went on to lose the third Test at Edgbaston by eight wickets. Razaullah, one of the replacements, impressed on debut with four wickets and an 81-run innings.
Rizwan had also struggled with the bat during Pakistan's two-Test series in the West Indies.
Imam, meanwhile, suffered a grade-one tear in his left calf after the opening day at Lord's and took no further part in the match. His injury was questioned publicly by chief selector and high-performance director Aaqib Javed.
PCB chairman Mohsin Naqvi had said the review would look beyond performances.
"We have had a discussion to ascertain the reasons behind it. They include factors beyond performance and we will get to the bottom of it," said Naqvi, as quoted by Cricinfo.
The selection of Rizwan and Imam had also come under scrutiny, with the PCB seeking an explanation from a selection committee member over their selection. Selector Misbah-ul-Haq later resigned following the squad changes.
The PCB is also waiting for the NCCIA's findings from the probe to decide on whether to take any disciplinary action against Rizwan.
A reliable source aware of the developments said the NCCIA was currently carrying out a forensic examination of the mobile phones taken from Rizwan and Imam and would submit its findings to the PCB by next week.
"How the PCB decides to move against the two players will now depend on what findings the NCCIA submits to the PCB. If nothing out of the ordinary is found in the forensics examination they will probably get reprieves," the source said.
To me, this was an attempt to escape any further action. When investigations take place; people should cooperate at all times. Failure to do so might act as suspicious.
People can only blame themselves if they've made errors of judgements.