LHC allows NCCIA to proceed with inquiry against Mohammad Rizwan

LAHORE: The Lahore High Court has issued a written judgement dismissing Pakistan cricketer Mohammad Rizwan’s petition challenging a National Cyber Crime Investigation Agency (NCCIA) inquiry, directing him to cooperate with the investigation while ordering the agency to proceed strictly in accordance with the law and not harass or unnecessarily trouble him.

The LHC earlier dismissed Rizwan’s petition challenging summons issued by the National Cyber Crime Investigation Agency (NCCIA)

LHC Chief Justice Alia Neelum issued the five-page written judgement on Rizwan’s petition, ruling that the NCCIA inquiry was neither beyond the agency’s jurisdiction nor motivated by mala fide intentions.

According to the judgment, the NCCIA told the court that its inquiry concerned allegations of electronic fraud, while the government’s counsel submitted that the matter fell within Section 14 of the Prevention of Electronic Crimes Act (PECA) 2016, relating to unauthorised financial gain.

The agency told the court that information obtained during cyber-patrolling had indicated Rizwan’s connection with the matter.

The court observed that, at this stage, it was appropriate to allow the relevant agency to continue its inquiry into the allegations under Section 14 of PECA. It said judicial intervention before completion of the inquiry and determination of whether further action was required was not warranted.

The judgment also noted that a call-up notice did not, by itself, amount to an allegation that a person had committed a crime. Rather, it was a procedural mechanism to obtain information and record the position of a person relevant to an inquiry or investigation.

The court said Rizwan had already appeared before the NCCIA in response to its notice and had submitted a written response.

The NCCIA issued Rizwan a call-up notice on September 8, directing him to appear on September 10 and explain his position regarding the allegations. Rizwan appeared before the agency on September 10 and subsequently submitted a written response on September 14, according to the judgment.

ICC anti-corruption code

Rizwan’s counsel had argued that the matter should have been reported to the International Cricket Council’s (ICC) Anti-Corruption Unit, which he described as the appropriate forum for dealing with corruption in cricket.

The court, however, noted that the ICC Anti-Corruption Code was not a substitute for criminal law. Referring to Clause 1.11 of the code, it observed that the ICC framework constituted a professional code of conduct for people associated with cricket rather than a criminal law regime.

The judgment said the ICC code did not exclude or override proceedings under other applicable laws.

It added that the existence of the ICC disciplinary framework did not prevent a legally authorised state institution from conducting an inquiry within its jurisdiction.

The court further observed that the ICC code itself required cooperation with relevant criminal or regulatory authorities.

Inquiry into alleged corruption

The court said the purpose of the NCCIA inquiry was to detect and eliminate corruption in sports and that the agency should be allowed to complete the process before any determination was made about further action.

It ruled that the inquiry was neither outside the NCCIA’s jurisdiction nor initiated with mala fide intent.

The court also directed the NCCIA to ensure that Rizwan was not harassed or subjected to unnecessary inconvenience during the proceedings.

If Rizwan had any grievance regarding the final outcome of the inquiry, he could seek appropriate legal remedy in accordance with the law, the judgment said.

The court also observed that any issue concerning the return of items seized or taken into possession from Rizwan could be raised before the appropriate court.

Background

Rizwan had challenged the NCCIA’s call-up notice and inquiry before the LHC, questioning the agency’s jurisdiction and the basis of the proceedings.

The initial hearing took place on September 17, when Chief Justice Neelum directed his counsel to respond to the NCCIA notice and dismissed the petition.

Subsequent reports said the agency had also sought extensive information from Rizwan, including details of his social media accounts, income, expenses and property.

Rizwan and fellow Pakistan cricketer Imam-ul-Haq had appeared before the NCCIA on September 10 in connection with the inquiry.

Reports have linked the investigation to allegations concerning online betting and gambling as well as information allegedly obtained during the agency’s investigation into dressing-room leaks. These remain matters under investigation and no final finding of wrongdoing against Rizwan has been reported.