Rizwan vs NCCIA: LHC directs agency not to 'harass' cricketer, orders batsman to cooperate in inquiry

LAHORE: Lahore High Court Chief Justice Aalia Neelum has restrained the National Cyber Crime Investigation Agency (NCCIA) from causing any “harassment” to cricketer Mohammad Rizwan in connection with an inquiry initiated against him, it emerged on Monday.

She has also instructed the wicketkeeper-batsman to join and cooperate in the inquiry proceedings.

The instructions were stated in a written court order of a Sept 17 hearing held on Rizwan’s plea against the NCCIA inquiry and a call-up notice to him. The order said the petition had been dismissed.

At the Sept 17 hearing, Justice Neelum had refused to entertain the plea and directed Rizwan’s lawyer to submit a written response to the NCCIA notice first.

“A call-up notice is merely a procedural mechanism for gathering information and does not by itself amount to an accusation of wrongdoing,” she said in her order.

The petitioner had asked the court to declare the call-up notice illegal.

However, CJ Neelum ruled that the inquiry was neither without jurisdiction nor tainted by malice, but aimed at uncovering and eradicating corruption in sport, and therefore could not be interfered with at this preliminary stage.

Rizwan and fellow cricketer Imamul Haq had appeared before the NCCIA on Sept 10 following the notices being served to them, but the former had later challenged the inquiry and the agency’s notice in the LHC.

The arguments

During the arguments, Deputy Attorney General Rafaqat Ali Dogar told the court that the inquiry revolved around allegations of electronic fraud under Section 14 of the Prevention of Electronic Crimes Act, 2016, (Peca) “arising from information said to have been obtained through cyber patrolling that connected the petitioner to the matter”.

Advocate Qazi Umair Ali, the counsel for Rizwan, had argued that the matter had not been reported to the International Cricket Council’s Anti-Corruption Unit (ACU), which he contended was the appropriate body to handle such allegations under the International Cricket Council’s Anti-Corruption Code for Participants.

However, Chief Justice Neelum rejected this argument, noting that Section 1.11 of the ICC’s code itself stated that it established disciplinary rules rather than criminal law, and did not “operate to prejudice or undermine the application of applicable laws — participants remain bound to comply with them at all times”.

The chief justice further noted that even to claim “substantial assistance” under the code, a participant was required to cooperate with prosecuting or regulatory authorities, meaning the existence of the ICC’s disciplinary framework did not bar a state agency from conducting its own inquiry.

She observed that the petitioner would be free to pursue appropriate legal remedies if they had any grievance regarding the eventual outcome of the inquiry.

She directed Rizwan to cooperate in the inquiry and the NCCIA to ensure the cricketer was not subjected to “harassment or unnecessary inconvenience” and the process was conducted strictly in accordance with law.

With regard to Rizwan’s prayer for the return of the articles seized or confiscated from him, the chief justice said the petitioner may avail an appropriate remedy before the court of competent jurisdiction.

Rizwan’s plea

In his plea, Rizwan had criticised the NCCIA notice and the inquiry initiated by the agency. According to the plea, the NCCIA had directed Rizwan to appear before it on Sept 10 in connection with allegations of online betting or gambling in Pakistan cricket.

He had argued in his plea that the notice was vague, arbitrary and issued without legal jurisdiction.

The petition had contended that online betting was not a scheduled offence under the Prevention of Electronic Crimes Act, 2016 or the amendments made to the law in 2025, which rendered the probe a “fishing and roving expedition” intended to harass and malign Rizwan’s reputation.

Expressing apprehension over potential “coercive” measures, including his arrest or detention, Rizwan had urged the court to set aside the notice, quash the inquiry, and restrain authorities from taking any “adverse” action against him.

The NCCIA inquiry was launched pursuant to a complaint lodged by the Mohsin Naqvi-led Pakis­tan Cricket Board (PCB) during the recent England series, which ended with a dismal 3-0 Test whitewash for the national side.

At the time, it was reported that the NCCIA’s probe pertained to alleged dressing-room leaks during the recent England series.

The PCB also announced on Sept 7, while the England series was ongoing, that it had “initiated an internal disciplinary inquiry following media reports concerning discipline and conduct, which are currently being reviewed internally”.

On Sept 11, Imam and Rizwan were also barred from playing in the President’s Trophy Grade-I domestic first-class tournament.

The two were also among the seven players who were called back home following Pakistan’s defeats in the first two Tests, leaving England with an unassailable lead in the three-match series.

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