A landmark ruling: Hassan
The Supreme Court yesterday ruled that the Bangladesh Cricket Board (BCB) has the authority to amend its constitution and that the National Sports Council (NSC) could not amend the BCB's constitution.
A three-member bench of the Appellate Division, headed by Chief Justice Surendra Kumar Sinha, came up with the observation after disposing of an appeal filed by the BCB and NSC challenging a High Court verdict.
BCB president Nazmul Hassan branded it a 'landmark' ruling for Bangladesh cricket.
"It's hard for us to say anything about the ruling because we haven't yet received a copy of the ruling so we have to wait for that. As far as I understand, I think for Bangladesh cricket this will be an excellent ruling. I think this is a landmark decision and I think this will be very good for cricket. It's a very good news for our cricket. We will set our next course of action after getting the copy of the ruling,” BCB president told reporters at the Sher-e-Bangla National Stadium in Mirpur yesterday.
Following a writ petition, the HC in January 2013 declared an amendment to BCB's constitution made by the NSC illegal.
Citing the SC observation, Barrister Mahbub Shafique, a lawyer for the writ petitioners, told The Daily Star that the BCB had the sole authority to amend its constitution and that the NSC did not have any authority to amend the BCB's constitution.
The court will give detailed directives and observations about the authority of the BCB and the NSC in the full judgment which will be released later, he added.
Meanwhile, Barrister Mehedi Hasan Chowdhury, a lawyer for the BCB and NSC, told this correspondent that the BCB can amend its constitution under its article 26.
The verdict came following a petition jointly filed by Yousuf Jamil Babu, president of the Bangladesh District and Divisional Sports Organisers' Association, and Mobasher Hossain, a former BCB director.
Earlier, the Appellate Division of Bangladesh Supreme Court had paved the way for the Bangladesh Cricket Board's elections, having ruled that there was no bar on holding the election under the amended constitution of 2012 that was provided by the National Sports Council. However the court also said the legality of the election would be subject to the final verdict of the Appellate Division.
For petitioners, Barrister Mahbub Shafique said clause 26 of the constitution of the BCB says the consent of two-third majority of the councillors of the AGM is required for any amendment to be made.
However, in violation of all BCB regulations, the constitution was amended in an EGM on March 1, 2012. The National Sports Council, without any discussion, inserted their self-made amendments into the constitution which was a gross violation of the clause. He also stated that NSC does not hold the authority to amend the constitution on its own and their act violates the NSC act of 20 A of 1974.
Former BCB director Mobasher Hossain and president of District and Divisional Sports Organisers Forum Yusuf Jamil Babu placed a writ in the High Court challenging the amendments in November 2012 and the court stayed the amendments for three months.
Later, the amendments were declared unlawful by the court last January. NSC and BCB later moved to the Chamber Judge, who stayed the order and asked them to appeal for a leave. It was granted.
The BCB elections took place on October 10, 2013 and Nazmul Hassan became the first elected president of the board.