Bangladesh appeal can’t be heard by ICC’s DRC; Scotland to be named as replacement by Saturday
Even as ICC has kept Scotland on stand-by, BCB under Aminul Islam Bulbul, after being completely cornered, decided to use its last resort — approach DRC
A desperate Bangladesh Cricket Board (BCB) has written to Dispute Resolution Committee (DRC) of ICC requesting it to overturn the governing body’s decision to hold the national men’s team’s T20 World Cup games in India but its appeal won’t be heard as it is outside the remit of the sub-committee.
Even as ICC has kept Scotland on stand-by, BCB under Aminul Islam Bulbul, after being completely cornered, decided to use its last resort — approach DRC headed by Englishman Michael Beloff (Kings Counsel).
“Yes, BCB has approached DRC of ICC as it wants to exhaust all its options. If DRC rules against BCB, then the only body that can be approached is Court of Arbitration of Sports (CAS) in Switzerland,” a BCB source said on the condition of anonymity.
Bangladesh’s interim government and its sports ministry advisor and anti-India hardliner Asif Nazrul had announced that the team wouldn’t travel to India due to “security reasons” after senior pacer Mustafizur Rahaman was removed from the Kolkata Knight Riders squad on BCCI’s diktat.
If one checks ICC’s Constitution and ‘Terms of Reference’ for DRC, then it will become clear that it doesn’t have any right to hear an appeal against a decision passed by Board of Directors of the global body.
While ICC Board of Directors emphatically voted 14-2 in favour of keeping Bangladesh’s matches in India after an independent security assessment which cited security threat being “low to moderate”, Nazrul maintained that it wasn’t BCB but the government which is mandated to take the decision.
As per clause 1.3 of Terms of Reference of DRC: “The Committee shall not operate as an appeal body against decisions of the ICC or any decision making body established under the ICC’s Memorandum and Articles of Association or under any rules or regulations of the ICC...”
An ICC board source said: “Bangladesh can approach DRC but if one looks at the rules, the case can’t even heard as the committee doesn’t have the remit to hear an appeal which is against the decision made by Board of Directors.”
It is understood that ICC chairman Jay Shah, who was in Namibia for the U19 World Cup, is in Dubai now and a formal decision on Bangladesh’s replacement would be announced by Saturday.
“ICC Board Members are extremely angry with Aminul Islam Bulbul as to why before informing the global body, a press conference was held. Asif Nazrul is a persona-non-grata for ICC but Bulbul shouldn’t have allowed a press conference before informing their decision to ICC,” the source said.
ICC’s DRC acts according to the British law and one of its most recent verdicts under Beloff came in 2018 when it had summarily rejected Pakistan Cricket Board’s USD 70 million compensation claim against BCCI for allegedly not honouring an agreement to play bilateral series in Pakistan.
DRC in its verdict had termed that what PCB back then had called a “Memorandum of Understanding” between two nations was merely a “letter of intent”, which wasn’t binding on BCCI.
DRC normally checks if ICC Board have followed all rules as per its law and accordingly gives its verdict. It is not an appeals body.
Apart from Beloff, others include Mike Heron (Kings Counsel), Justice Winston Anderson, both of whom are Independent Code of Conduct Commission representative. The independent lawyers are Deon van Zyl (South Africa), Gary Roberts (Americas), Guo Cai (Asia), EAP Anabelle Bennett, Jean Paulsson (Europe), Peter Nicholson (Ethics Officer). Vijay Malhotra (Chair of Audit Committee) and Sally Clark (Management Support) are also part of the 11-member committee.
