Kamal Ghorui
The Bangladesh Cricket Board has made a last-ditch attempt to challenge the ICC’s decision to stage the national men’s team’s T20 World Cup matches in India, writing to the ICC’s Dispute Resolution Committee, even though the appeal is unlikely to be heard as it falls outside the committee’s authority. With Scotland kept on standby by the ICC, the BCB, led by Aminul Islam Bulbul, has turned to the DRC as a final option after finding itself increasingly isolated. The committee is chaired by English barrister Michael Beloff, King’s Counsel.
“Yes, BCB has approached the 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 told PTI. Bangladesh’s interim government, along with sports ministry adviser Asif Nazrul, who is known for his strong anti-India stance, had earlier announced that the team would not travel to India citing “security reasons”. The statement came after senior pacer Mustafizur Rahman was removed from the Kolkata Knight Riders squad following a directive from the BCCI. However, a reading of the ICC Constitution and the Terms of Reference governing the DRC makes it clear that the committee does not have the authority to hear appeals against decisions taken by the ICC Board of Directors. The ICC Board had voted 14-2 in favour of keeping Bangladesh’s matches in India after an independent security assessment rated the threat level as “low to moderate”. Despite that, Nazrul maintained that the final decision rested with the government rather than the BCB. Clause 1.3 of the DRC’s Terms of Reference states: “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 explained that while Bangladesh is free to approach the DRC, the committee does not have the remit to even hear a case challenging a decision made by the Board of Directors. It is understood that ICC chairman Jay Shah, who was in Namibia for the Under-19 World Cup, is now in Dubai, with a formal announcement on Bangladesh’s replacement expected by Saturday. “The 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 the ICC but Bulbul shouldn’t have allowed a press conference before informing their decision to the ICC,” the source told PTI. The ICC’s Dispute Resolution Committee functions under British law. One of its most notable rulings came in 2018, when it dismissed the Pakistan Cricket Board’s USD 70 million compensation claim against the BCCI over an alleged failure to honour a bilateral series agreement. In that verdict, the DRC ruled that what PCB had described as a “Memorandum of Understanding” was, in fact, only a “letter of intent” and not legally binding. The committee’s role is limited to assessing whether the ICC Board has followed due process under its own laws. It does not function as an appellate authority. Alongside Beloff, the DRC includes Mike Heron, KC, and Justice Winston Anderson as Independent Code of Conduct Commission representatives. Other members are independent lawyers Deon van Zyl (South Africa), Gary Roberts (Americas), Guo Cai (Asia), EAP Anabelle Bennett, Jean Paulsson (Europe) and Peter Nicholson, the Ethics Officer. Vijay Malhotra, Chair of the Audit Committee, and Sally Clark from Management Support are also part of the 11-member panel.
