India vs Pak: Why Has the PCB Sued BCCI for Rs 447 Crore?

The ICC Dispute Resolution Forum heard a compensation claim case between BCCI and PCB from 1-3 October.

The ICC Dispute Resolution Forum heard a compensation claim case between the Board of Control for Cricket in India and Pakistan Cricket Board from 1-3 October in Dubai.

(Photo: The Quint)

The ICC Dispute Resolution Forum heard a compensation claim case between the Board of Control for Cricket in India and Pakistan Cricket Board from 1-3 October in Dubai. The PCB have claimed Rs 447 crore compensation from the BCCI for not honouring an agreement.

The BCCI was represented by Dubai-based law firm Herbert Smith Freehills along with British Lawyer QC Ian Mills at the hearing. The BCCI’s own team of lawyers was also present at the hearing.

What is the Case About?

The PCB have sued BCCI for not honouring a Memorandum of Understanding (MoU). India were supposed to play a series against Pakistan in November 2014 and December 2015 according to the agreement, but it couldn’t take place because the Indian government has disapproved any bilateral ties with Pakistan until cross-border terrorism ends.

The ICC panel comprising Jan Paulsson and Dr Annabelle Bennett was headed by Michael Beloff. The chairman was the head of the ICC tribunal which handed Salman Butt, Mohammad Amir and Mohammad Asif bans for spot-fixing in 2011, according to ESPNCricinfo.

India and Pakistan have not played a Test series against each other since 2007. The situation has been tense after the the 2008 terror attacks in Mumbai. India and Pakistan played their last bilateral series in 2012/13.

What was the Memorandum of Understanding?

Representational image.(Photo: iStock)

The Memorandum of Understanding, which was signed in 2014, stated that India and Pakistan have to play six series from 2015 to 2023. Four of the series were supposed to be played in Pakistan. The six series were set to comprise 14 Tests, 30 ODIs and 12 T20Is.

What BCCI and PCB Had to Say

Representational image.(Photo: Reuters)

The BCCI said that the agreement would become binding only if the Indian government granted permission for a bilateral series to take place.

We have been pretty consistent in our stand that without government approval, we won’t be able to play Pakistan.

Senior BCCI Official

However, many PCB officials believe that the BCCI didn’t try hard enough to convince the government of India to allow the cricket team to play a bilateral series against Pakistan.

The BCCI has also expressed that the Memorandum of Understanding is no longer binding because the PCB didn’t support BCCI's 'Big Three' revenue sharing model. India, Australia and England were set to get a bigger share of the profits through the revenue model.

There is no question of even paying a single penny to PCB. They went back on their promise. The agreement was based on their support for our revenue model.

Senior BCCI Official

Salman Khurshid Justifies India’s Stand

Former external affairs minister Salman Khurshid.(Photo: PTI)

The external affairs minister during the UPA-II government Salman Khurshid was presented by the BCCI as one of the defence witnesses on the second day of the hearing.

During the cross examination, Khurshid explained why the Indian cricket team cannot travel to Pakistan after the 2008 terror attacks in Mumbai.

I gave my expert evidence to the ICC panel and explained how the Indian government reacts to situations where security of people are under threat. Fortunately, when I was minister we didn’t have to deal with such (crisis) issues but irrespective of governments, I could express how one would react to fulfilling obligations that’s beyond the control of cricket boards.

Salman Khurshid told <a href="https://www.hindustantimes.com/cricket/bcci-vs-pcb-indian-board-is-very-well-prepared-says-khurshid/story-jfws8TG0FjLhTIH1WproSM.html">Hindustan Times</a>

Khurshid said the Indian government has disallowed the cricket team to resume bilateral ties with Pakistan until cross-border terrorism stops.

Khurshid also clearly said time and again the Indian government had made it clear that unless cross-border terrorism stopped, it would be difficult to resume bilateral cricketing ties.

Senior BCCI Official

BCCI’s ex-secretary Sanjay Patel and the board’s ex-GM Operations Ratnakar Shetty were also cross examined on that day. Sundar Raman and Shashank Manohar were India’s witnesses on the third day of the hearing.

Sanjay Patel was the BCCI secretary when he signed the Memorandum of Understanding with PCB.

ICC Chairman Shashank Manohar Deposed on Final Day

File photo of Shashank Manohar.(Photo: PTI)

Former BCCI President and current ICC Chairman Shashank Manohar’s deposition was the final one at the end of the three-day hearing.

Manohar was the BCCI president when one of the series was scheduled in 2015. He had shown interest in making the series happen, but said that it will happen only if the government approves, according to ESPNCricinfo.

The panel reserved its orders since both parties have made only oral submissions. The panel will write the order after the written submissions.

A BCCI official said the board was happy with how the cross-examinations were carried out.

We are very happy how the cross examinations went. Today Manohar’s deposition was very strong. He deposed as India’s witness not as ICC chairman. Even all the other witnesses also put up a strong case.

BCCI Official