Cricket has always put itself forth as a gentleman’s game. However, this aspect of the game has come under strain time and again, sadly with increasing regularity. From BodyLine to Trevor Chappel bowling under-arm, from sledging to ball tampering, instances of gamesmanship have been on the rise. Instances of sportsmanship like Courtney Walsh refusing to run out a Pakistani batsman for backing up too soon in a crucial match of the 1987 World Cup; Imran Khan, as Captain calling back his counterpart Kris Srikanth to bat again after the latter was annoyed with the decision of the umpire; batsmen like Majid Khan walking if they knew they were out; are becoming rarer yet. Now, with the massive influx of money and sheer increase in number of matches played, cricket has become big business. Now like other sports before it (Baseball (the Chicago ‘Black-Sox’ against the Cincinnati Reds in the 1919 World Series), Football (allegations against Bruce Grobelar; lights going out at the Valley, home of Charlton Football club)) Cricket faces the threat of match-fixing, the most serious threat the game has faced in its life.
Match-fixing is an international threat. It is quite possibly an international reality too. Donald Topley, a former county cricketer, wrote in the Sunday Mirror in 1994 that in a county match between Essex and Lancashire in 1991 Season, both the teams were heavily paid to fix the match. Time and again, former and present cricketers (e.g. Manoj Prabhakar going into pre-mature retirement and alleging match-fixing against the Indian team; the Indian Team refusing to play against Pakistan at Sharjah after their loss in the Wills Trophy 1991 claiming matches there were fixed) accused different teams of match-fixing. The Sri Lankan Board ordered an inquiry after a complete batting collapse led to their loss in the Singer Cup Final against Pakistan, the match that at a stage they were easily winning. Very recently allegations that have come to the fore through Chris Lewis, Stephen Flemming etc. and they only demonstrate the world-wide nature of this threat.
However, this commission is limited to inquiring into the matter so far as the Pakistan Cricket team is concerned. For the Pakistani Cricket Team, the allegation of match-fixing seems to have started when Asif Iqbal was the captain of the Pakistani team in 1979-80. Asif was accused of betting on the toss. G. Vishwanath, an Indian cricketer in his book has written that when he went for the toss with the Pakistani Skipper, the latter without completing the toss said “congratulations” to the former, saying that the Indian skipper had won the toss.
In the Press Fareshteh Gati-Aslam, a Sports Journalist, wrote that in a one day match held at Nottingham, UK, Wasim Akram and Waqar Younis deliberately bowled so badly that England team scored more than 300 runs, though earlier they had totally demolished the English Team in the Test Series.
In the 1994-95 season, the Australian team toured Pakistan and lost the Test Series 1-0. After the series, three of the Australian players, Shane Warne, Tim May and Mark Waugh accused the then Pakistani Captain, Salim Malik, of offering them bribes to bowl badly in a test and a one-day. (Pakistan had eventually won the test match by one wicket.)
In the backdrop of these allegations, the Pakistan Cricket Board (the ‘PCB’) requested Jst. (Retd.) Fakhruddin G. Ibrahim to hold an inquiry into the allegations by the Australian players against Salim Malik. He submitted his report on October 21, 1995 in which he acquitted Salim Malik of all the charges primarily on the basis of insufficient evidence on record. The Australian Cricketers had refused to come to Pakistan to testify and that was crucial.
Almost at the same time as the Australian allegations,Pakistani cricketers Basit Ali and Rashid Latif had accused some of the Pakistani players of match-fixing. Both even went into pre-mature retirement during an important tour of South Africa. Aaqib Javed and Aamir Sohail also came up with similar kind of allegations.
In the interim, a Probe Committee inquiry chaired made by Justice Ejaz Yousuf was also made which tentatively suggested that certain players be suspended from playing Cricket. However, this inquiry was abandoned as it was felt that the Committee did not have the powers of a judge which could compell people to speak up. Furthermore, this enquiry was done ex parte and no opportunity was given to the accused to cross-examine witnesses or have representation. As such this inquiry was in breach of natural justice and may be disregarded. (The Senate too has thereafter looked into the matter.) The above difficulties are mentioned in the letter from the then Chief Executive Majid Khan to the Patron of the Board, the President of Pakistan.
In such circumstances, the former Chief Executive of Pakistan Cricket Board, Mr. Majid Khan decided to write to the Patron. In the said letter Majid Khan requested that a judicial inquiry be conducted into the allegations of betting and match-fixing, as he felt that only a judicial commission would be able to find the truth. Ordinary domestic inquiry officers had no power vested in them to either summon any person, nor to compel their attendance or to make them give statements on oath and in case they perjured, to be able to deal with them.
The Patron was so minded to forward the matter to the Federal Government which in turn requested the Chief Justice of the Lahore High Court to nominate one judge for a one man judicial Commission under the Commission of Inquiry Act, 1956. On the recommendation of the Learned Chief Justice, Mr. Justice Malik Muhammad Qayyum was appointed to this Commission.
The Commission of Inquiry was given its mandate in the following terms:-
To probe into the allegations regarding betting and match-fixing against the members of the Pakistan Cricket Team.
To determine and identify the persons including members of the team responsible for betting and match-fixing.
To recommend such actions as may be appropriate; and
To suggest measures to avoid any future incidence.
THE INQUIRY & PROCEDURE
The appointment of this Commission was made through a Notification dated 13th of August, 1998. In terms of the Notification, all the secretarial services and assistance were to be provided by Pakistan Cricket Board.
This Commission was faced with a rather difficult task at its outset. There was no legislation on match-fixing, no rules and regulations that this commission could go by. In effect, this Commission had to start from scratch.
This Commission was appointed under the Commission of Inquiry Act 1956. Under the said Act, it was empowered to determine its own procedure. So the Commission decided that rules of natural justice like hearing and right of cross-examination must be applied. It consequently heard not only the persons accused of match-fixing but also allowed them the opportunity to cross-examine whichever witnesses made allegations against them. The Commission went to the extent of recalling certain witnesses at the request of the accused and also sought clarification from them.
Definition of match-fixing applied:
Therafter the first task at hand was to define what match-fixing was. For the purpose of this inquiry, ‘match-fixing’ is defined as deciding the outcome of a match before it is played and then playing oneself or having others play below one’s/ their ability to influence the outcome to be in accordance with the pre-decided outcome. Match-fixing is done primarily for pecuniary gain.
Match-fixing, as well as an attempt to fix a match, are to be considered an offence for the purpose of this inquiry.
Offences coming under Match-fixing:
This Commission believes that the appropriate punishment for match-fixing is a ban for life and institution of criminal charges. This needs to be so for deterrence reasons among others. As much has been said from most quarters, like Imran Khan, Majid Khan, etc. However, an offence of such a harsh punishment, then requires a high burden of proof. Further, such an offence needs to be established with specifics, most particularly which match was fixed.
With the above parameters set, there then appeared a gap wherein people against whom their own managers and a whole lot of allegations were made, managed to slip through, despite bringing the name of the team and their own name as national sport ambassadors into disrepute. The Commission therefore was minded to consider this an offence too under the umbrella of match-fixing: this, i.e. to bring the name of the team and self as national ambassador into disrepute was to be considered an offence. Such an offence would attract the lesser punishments of censure, fine, investigation and being kept under observation. (The presence of such an offence in the future too would ensure the players act impeeccably and not associate with bookies, etc.)
In short then, the two offences coming under match-fixing are:
Bringing the name of the team into disrepute (match-fixing related).
This Commission believes the above is the most balanced system of procedure such an inquiry can have. Various factors such as fairness to the players, fairness to the team, and the difficulty of finding proof in such cases of corruption can herein be balanced.
Burden of proof for offences:
Everyone is innocent in the eyes of this Commission until proven guilty. A player may play for the country and/ or captain its team until he is found guilty by this Commission. The burden of proof is on the party making allegations.
Standard of Proof for a finding of guilt for match-fixing: grounds for life ban and other high penalties:
With due regard to the submissions of the counsels and the amicus curae (see Part IV), it must be stated that the burden of proof is somewhere in between the criminal and normal civil standard.
It is not as high as the counsel for Wasim Akram recommended, that the case needs to be proven beyond a reasonable doubt. This is a commission of inquiry and not a criminal court of trial so that standard need not be high. The Lone Commission report was a report on its own facts and needs to be distinguished.
Having said that, it must also be added that this Commission is aware of what consequences a preliminary, tentative finding of guilt in this Report will have on the career of a player. If this Report is released to the public, a finding of guilt are likely to effectively amount to a conviction. The player is likely to lose his livelihood for the time being and possibly the prime of his career. Therefore, the submission by the amicus that the standard of proof should be lower as all the commission is doing is making recommendations is not completely accepted.
Moreover, there are a number of other reasons why the standard of proof for a finding of guilt is not as low as the amicus proposes. The amicus bases his submission on Munir’s evidence tome. That book while authoritative was written many years ago. In those days perjury was not as widespread. So the standard could be low. Now, there needs to be much higher standard as with the general decline in moral standards, people do perjure themselves. In fact, before this commission a person did perjure himself. Generally too it was felt that the whole truth was not forthcoming from several people in this case. Hence the higher standard of proof than the preponderance of probabilities.
Lastly, as to the proof of guilt, it must be added that for the Commission to be convinced, to arrive at a finding of guilt, it must be convinced of the specifics of the offence. More than anything, the Commission needs to know that one particular match was fixed. Actions taken before or after, inferences of disposition from or later allegations, in regards to other matches will not figure in the determination of guilt of match-fixing.
Standard of proof for bringing own and the name of the team into disrepute (match-fixing related): grounds for censure, being kept under observation:
While the commission has set itself a rather high standard that needs to be satisfied in order to arrive at a finding of guilt, it is also aware that in cases of bribery and match-fixing direct evidence is hard to come by. One has to draw inferences and rely on expert opinion. As such for the offence of bringing a player’s own name (as an international representative of the nation) and that of the Pakistan Cricket team giving a censure and lower levels of punishment, this commission will look at the allegations in their totality too. That is to say that while the commission needs to be certain that a person fixed a particular match or attempted to fix that match in order to recommend a ban and criminal charges, if a person appears on the totality of allegations against him to be, on the balance of probabilities (on the civil standard) to be involved in suspicious activities, the lesser penalties such as a censure, fine and an order for the player to be kept under observation can be set-out.
As such, it is believed that in the instance of persons upon whom doubt has been shed by a number of their own colleagues, grounds for investigation ought to be of a lower standard. In light of the fact that several of the managers who may be termed experts on cricket opined that there was match-fixing, while the Commission does not believe a finding of guilt can be established, the Commission does believe such evidence can be grounds for censure, further investigation of finances, and recommendation of keeping the accused under observation. Herein, players against whom there seems to be a trend of allegations but no solid proof for individual instances, can be chastised.
The cut-off point (added after this enquiry had been going on for a year)
The primary emphasis of investigation by this Commission as will be seen has been around the two names that have been brought up the most, Salim Malik and Wasim Akram. However, other names also appeared either having been brought up by people called or those that have cast suspicion on themselves by their own actions or through Rashid Latif’s tapes. As a consequence of these other leads and names, this inquiry has grown and grown as the commission has sought to pursue more and more leads. More and more time has been taken and extensions have been sought from the Federal Government.
In all of this, the commission has been aware that its report has been dubbed ‘much-delayed’ in the public. Therefore, a cut-off point needed to be settled, so as not to leave players and the public in suspense. The pressure the players have been kept under now for a year would be too unfair to continue. This cut-off point has been set at before the team leaves for the Sharjah and Australia tour, when the sixth extension for this commission expires. As such this commission closes its inquiry on the 30th of September, 1999. The Report will be submitted before the team leaves for Sharjah.
(Note dated 30th of September, 1999) Due to the cut-off point, certain leads were not completely followed up. Some were not followed as they were likely to provide information already available (Dan Keisel’s tape seemed to, according to Rashid Latif, duplicate Keisel’s own testimony and Aamir Sohail’s allegations) or because these leads were against people against whom there was already sufficient evidence (re: Saeed Anwar lead regarding Salim Malik making him an offer from Rashid Latif’s testimony.) Some leads were not followed up against secondary players (Saeed Anwar, Basit Ali) for their lesser involvement because there was just not enough time. In the rush to complete the report at the end, a vital lead against Mushtaq Ahmad (i.e. Mr. Butt) despite best efforts was not forthcoming. This lead is currently being chased up.
(Note dated 12th of October, 1999) The Federal Government has kindly granted this Commission an extension till the 30th of October, 1999. However, this Commission, in view of fairness to the players accused, is sending this Report on to the Sports Minister today. Final Reports against Mushtaq and Salim Malik will be completed by a Supplementary Report shortly to follow.
Leads not followed up are listed later in the report, so that the Patron can have them pursued if he is so minded.
EVIDENCE PRODUCED BEFORE COMMISSION
The Commission started its inquiry on 9th of September 1998 and summoned various persons together with evidence regarding the matter under reference.
The persons who were called to testify in this regard included former cricketers and officials of Pakistan Cricket Board, namely (in order of appearance):
In addition to above, following Sports Journalists were also examined by the Commission:-
Ms. Fareshteh Gati-Aslam
Ms. Kameela Hayat
Mr. Imtiaz Sipra
Mr. Shahid Sheikh
Three Australian players were also examined, namely:
Mr. Mark Waugh
Mr. Mark Taylor
3. Mr. Shane Warne
Various other persons have also been examined by the Commission whose names either appeared during the course of statements by other persons or whose names appeared in newspapers or other media during the course of investigation by the Commission. In this regard the following persons appeared before the Commission:-
Mr. Akhtar Majeed Bhatti, SHO, Qila Gujar Singh, Lahore.
Mr. Aamer Malik
Mr. Muhammad Usman Ahmad, Executive Magistrate.
Mr. Muhammad Younis
Mr. Qaiser Ali Shah
Mr. Mark Waugh
Mr. Mark Taylor
Mr. Khalid Mehmood
Mr. Aamir Sohail
Mr. Rashid Latif
Mr. Saleem Pervez
Mr. Muhammad Younis
Mr. Javed Miandad
Mr. Wasim Akram
Mr. Aaqib Javed
Mr. Salim Malik
Mr. Waqar Younus
Mr. Akram Raza
Mr. Saeed Anwar
Mr. Zahid Fazal
Mr. Shane Warne.
The first person to appear before the Commission of Inquiry was former cricketer Sarfraz Nawaz. Sarfraz Nawaz was of the opinion that betting on cricket started in 1979-80 when Pakistan was on the tour of India under the captaincy of Mr. Asif Iqbal. He was of the opinion that this spread to Sharjah and it was from there that match-fixing started on a larger scale. He was of the opinion that the 1987 World Cup semi final against Australia at Lahore was fixed and the main culprits were Javed Miandad and two other players. In 1993-94, Sarfraz Nawaz deposed that he was informed by Ch. Khalid alias Gitti in the presence of Manzoor alias Churra and Aslam Shami that Salim Malik was called to Lahore during the tour of Sri Lanka and the match was fixed. Mr. Salim Malik was allegedly paid Rs.40 lacs for fixing this match. In this match Pakistan were 79/1 at one stage but were all out for 149, which clearly showed the mala-fides of the players, according to Mr. Nawaz, and that they were playing under some pre-arranged scheme. Mr. Sarfraz Nawaz was also of the view that the brothers of Salim Malik and Wasim Akram were bookies and the same could be judged by comparison of their assets. He also opined that Mr. Ijaz Ahmad and Salim Malik were involved in gambling at the domestic level too. In October, 1994 in a match between National Bank and Habib Bank, Salim Malik was paid Rs. 10 Lacs.
The next person to appear was Ms. Fareshteh Gati-Aslam, Sports Journalist for “The News”. Ms. Gati-Aslam was of the view that Wasim Akram, Salim Malik and Ijaz Ahmad were primarily responsible for match-fixing. She deposed that, according to her, match-fixing started during the English tour of 1992. Similarly, in New Zealand during the last test match and the last one day, the players performed so badly that it made her feel that match-fixing was taking place. It may be mentioned here that Ms. Gati-Aslam refers to the same match in which Ata-ur-Rehman has given a sworn affidavit to the effect that he was asked by Wasim Akram to bowl badly during the test match at Christ Church, New Zealand (Exh. 2). Ms. Gati also deposed that the 1996 World Cup’s Quarter-Final between India and Pakistan at Bangalore was fixed and that Mr. Dan Keisel, the Physiotherapist, had informed her that Wasim Akram was faking his shoulder injury. She also deposed that Aaqib Javed had been asked to take Rs. 50 lacs and a Pajero by Mr. Saleem Pervez of the National Bank of Pakistan so that he could also be one of the members on the take and be included in the National team. When Aaqib refused, he got an indirect message from Wasim Akram that he would never be included in the team while Wasim Akram was the captain. According to her, the following players were clean:-
Mr. Rashid Latif
Mr. Azhar Mahmood
Mr. Shoaib Akhtar
Mr. Aamer Sohail; and other junior players.
The next to appear was Mr. Yawar Saeed who was the manager of the team in 1996-97. He was of the view that all the members of the team showed 100% commitment and were not involved in match-fixing.
Mr. Arif Ali Abbasi, the longest serving official of the Pakistan Cricket Board, was next to appear. He deposed that rumors about match-fixing started in 1979 during the captaincy of Asif Iqbal. He alleged that there was a bet on “who will win the toss” and further alleged that the Pakistan Captain having tossed the coin in the air, informed the Indian Captain that the latter had won the toss before the coin landed on the ground. Mr. Arif Ali Abbasi was of the opinion that apart from this there were no signs of match-fixing or gambling. During his tenure in the Ad-hoc Committee, there was a revolt against Wasim Akram and he was removed as Captain. Mr. Majid Khan was made the Manager. Mr. Majid Khan had received telephone calls during the South African tour that the players were throwing away their matches. Then started the tour of Sri Lanka. In that tour, Mr. Intikhab Alam alleged that Mr. Basit Ali, a test player, had confessed before him that he had indulged in match-fixing. Then came the tour of Zimbabwe and South Africa. Salim Malik was the Captain. Mr. Arif Abbasi found that the team’s performance was questionable and the Ad-hoc Committee requested to go to South Africa and investigate. Saleem Altaf, who was a Member of the Selection Committee, was sent to South Africa but came back with nothing to report. Before the Zimbabwe series, Australian cricket team came to Pakistan and played in three test matches. No allegation was made during this tour. However, four or five months later, a senior Australian journalist, Phil Wilkins informed Mr. Arif Abbasi that three players had signed affidavits against the Pakistani Captain Salim Malik accusing him of trying to bribe the Australians to lose the first test match in Karachi. Justice Fakhruddin G. Ibrahim was appointed to investigate into this matter. However, because of lack of evidence, Justice Fakhruddin G. Ibrahim announced his judgement that Salim Malik was not guilty. During his tenure, Mr. Arif Abbassi maintained that he never came across any proof against any player including Salim Malik, Wasim Akram and Ijaz Ahmad. He also maintained that before going to India, Mr. Wasim Akram was nursing an injury and had a bandaged arm and ribcage. Also that after the retirements of Rashid Latif and Basit Ali, Mr. Intikhab Alam was given a show-cause notice after the Zimbabwe tour for not reporting the allegation against Basit Ali.
Mr. Javed Burki, who was Chairman of the Selection Committee from 1989 to September, 1992 and Chairman of the Ad-hoc Committee of PCB in 1994 also appeared. He was asked by the President of Pakistan to look into the allegations surrounding Pakistani cricket team. The Vice-Captain Mr. Rashid Latif, had accused Mr. Salim Malik of match-fixing during the South African tour in 1995. During his stay in Harare, Rashid Latif personally informed Mr. Burki that Salim Malik and other members of the team - although he did not name them - were indulging in match-fixing. Mr. Burki stated that when he was leaving the Board to the new set up, he had recommended that Salim Malik should never play for Pakistan again and that Ijaz Ahmad and Wasim Akram should be warned. He said he was sure that match-fixing and betting was going on in the Pakistani cricket team. During the Singer Trophy in Sri Lanka and in the summer of 1994, these allegations first appeared in the Press and there were detailed articles in the Friday Times regarding the match that was thrown away in Sri Lanka. During that tour, Salim Malik rung up Mr. Burki and asked for permission to fly to Pakistan so that he could attend a wedding ceremony. Mr. Burki gave him permission but it was alleged that during his visit he struck a deal with Mr. Khalid Gitti to fix one of the matches in the Singer Trophy. Although Saeed Anwar deposed to him that he was asked not to play well during this match, Anwar never made the statement in writing. In the reception arranged by the President’s House in honor of Australian and Pakistani, Salim Malik is stated to have offered bribes to two Australian cricketers Mr. Mark Waugh and Shane Warne. Mr. Burki was of the opinion that the allegations were made public by the Australians after our own Vice Captain, Mr. Rashid Latif, accused his Captain for match-fixing. The person who claimed to have had direct knowledge of match-fixing was named by Mr. Javaid Burki as Mr. Naeem Gulzar, c/o Lahore Gymkhana.
Next to appear was Ms. Kamala Hayat who was working as a journalist in England. She had also traveled to South Africa. She claimed that an English man by the name of David Minro had over-heard three Pakistani cricketers namely Mushtaq Ahmad, Wasim Akram and Ijaz Ahmad discussing amongst themselves that the next match in England was fixed and this match was later lost by Pakistan. She also deposed that she had no direct evidence in her possession.
Next to appear was Mr. Basit Ali who was a member of the Pakistani squad from 1993 to 1995. Mr. Basit deposed that he received a call at 8:00 a.m., a day before the Final of the Australasia Cup in Sharjah in 1994, made by a person by the name of Raqeeb who offered him Rs. 10 Lacs if he would get himself out for less than 10 runs. According to Mr. Basit Ali, he informed the Manager, Mr. Intikhab Alam, who called Mr. Basit and the rest of the Pakistani Cricket team to his room at 1:00 p.m. to swear on the Holy Quran that they would perform to their best.
During the tour of South Africa, Mr. Basit Ali saw the renowned bookie Mr. Haneef Cadbury going into the room of certain players. When Aaqib Javed protested to Intikhab Alam, Ijaz Ahmad said that he could not be asked not to see old friends. During the Final, an altercation took place between Salim Malik and Rashid Latif. Salim Malik had apparently decided to bat first in conditions which were favorable for fielding. Mr. Basit Ali stated that he himself had never indulged in match-fixing. Mr. Basit Ali also said that because of the circumstances created by Salim Malik and The Management, he had to resign.
Haroon Rasheed, who is a former member of Pakistan cricket team and was appointed as Coach also appeared. Haroon Rasheed was of the opinion that some matches, including the One Day between Pakistan and Sri Lanka in Colombo in Asia Cup 1997, were fixed.
Similarly, in the home One Day series against India at Karachi in 1997, Saqlain Mushtaq gave away 17 runs in the last over. This kind of bowling, according to Haroon Rasheed, was not expected from the caliber of Saqlain Mushtaq and Haroon Rasheed was of the opinion that this match was fixed too.
Haroon Rasheed was of the opinion that the test match played at Faisalabad against South Africa was also fixed when Pakistan were all out for 116 chasing a target of 144 runs in the second innings. Haroon Rasheed also accused Wasim Akram of changing the batting order during various competitions including Pakistan’s Independence Golden Jubilee. Wasim Akram, according to Haroon Rasheed, would promote himself ahead of Moin Khan and Azhar Mahmood, break the momentum of the game which would result in loss. Mr. Haroon Rasheed felt that the main culprits were Wasim Akram, Ijaz Ahmad and Salim Malik.
Next to appear was the former Pakistani Captain Salim Malik. He said that he was exonerated by the inquiry conducted by Justice (Retd) Fakhr Uddin G. Ibrahim. As such, allegations against him including the one’s leveled by the Australians were false and baseless. He admitted that an altercation had developed between him and Rashid Latif on the issue of who should bat first after winning the toss. He was of the view that the senior players wanted to bowl first, while Rashid Latif insisted that we must bat. He denied that he had fixed the final between National Bank and Habib Bank in domestic cricket. To a question why Shane Warne had accused him, he maintained that he was the only batsman in the world Shane Warne could not get out and as such was nursing a grudge. Regarding the statement made by Haroon Rashid against him for fixing the match of Sahara Cup against India, he maintained that he played with his best ability.
Next to appear was Ijaz Ahmad. Mr. Ijaz Ahmad maintained that he had never heard of match-fixing or betting. When reprimanded, he admitted that Rashid Latif and Basit Ali had resigned during the South African tour because of some allegations. He also admitted that he had sworn on the Holy Quran when Intikhab Alam called him. He said, he never knew of any bookie named Hanif Cadbury or Khalid Gitti. He maintained that as he was related to Salim Malik, allegations against him were there.
Next to appear was Rameez Raja, former Captain of the Pakistani Team. He maintained that the only incident in his entire career when the players were accused of match-fixing, was during the tour of Sri Lanka in 1994.
Next to appear was the Sports Editor of the Daily “The News” Mr. Imtiaz Sipra. He maintained that he did not come across any player indulging in match-fixing.
Aaqib Javed was next to appear before this Commission of Inquiry. He affirmed the assertions that he had received a telephone call from an unknown person in Sri Lanka asking him to contact Saleem Pervez who was allegedly a bookie and receive a sum of Rs. 15 Lacs and a vehicle. He also maintained that he saw one Hanif Cadbury freely mixing with players during the South African tour. He also affirmed that he had received a message indirectly from Wasim Akram that as he was not part of the game, he would never play cricket till Wasim Akram was captain. Aaqib Javed maintained that one of his friends Naeem Gulzar c/o Lahore Gymkhana had some information regarding match-fixing. He also affirmed that an oath was taken on the Holy Quran at the insistence of Mr. Intikhab Alam. He accused Wasim Akram and Salim Malik of being the main culprits.
Next to appear was Ata-ur-Rehman who played for the Pakistan cricket team from 1992 to 1994. He denied that he had made a statement against Wasim Akram before the Probe Committee. However, when the statement was produced before him, he changed his story the next day and confirmed in camera the affidavit that was given by him. According to the affidavit, he was asked to bowl badly by Wasim Akram during the final One Day match at Christ Church. For this, Wasim Akram gave him Rs. 100000/-. However, he maintained that because he was threatened with dire consequences in Manchester, he changed his story under coercion. He also maintained that Wasim Akram paid the air ticket from New Castle to Manchester. He also said that Khalid Mahmood, CHAIRMAN PCB asked him, to retract from his statement. Ata-ur-Rehman, however, in his subsequent cross examination by Wasim Akram retracted from the statement he made against him and said that statement containing allegations against Akram was false.
Mark Waugh, the member of the Australian cricket team who was present in Pakistan, also appeared. He maintained that Mr. Salim Malik approached him during the Presidential reception in 1994 to lose the first test in return for US $200,000. When the offer was made, Shane Warne was standing next to him. He also confirmed that he had given an affidavit to this effect later on.
Mark Taylor also appeared. He produced a written statement which stated that he informed the manager Colin Edgar, and Mr. Bob Simpson about the incident soon after the game. Statement produced as Exhibit-3.
(More details of the Australian evidence below at paragraphs: 96-110.)
Next to appear was Mr. Zafar Altaf, Member of the Ad-hoc Committee during 1994. He deposed that the only evidence that was brought before him was by the Chairman, Zulfiqar Ali Bokhari which were two bank statements of 6000 Dirhams in a bank account in Sharjah belonging to Mr. Salim Malik. He strongly refuted the allegations against Wasim Akram, Ijaz Ahmad and Salim Malik.
Next to appear was Mr. Shaukat Javed, DIG Police, Lahore. He confirmed that he investigated the matter of the kidnapping of Mr. Wasim Akram’s father. The culprits, who were later apprehended by the police were, investigated and it was found that Wasim Akram or his father had nothing to do with betting or match-fixing. The DIG was asked to produce the two bookies, Mr. Zafar Ali alias Jojo and someone by the name of Raja.
Next to appear was Mr. Aamir Sohail, the former Pakistani Captain who did not say very much. At that time the Zimbabwean tour was on and he was captaining the National team. (He also subsequently reappeared of his own accord and maintained that there were a large number of allegations of match-fixing and betting during the South African tour.) He stated that as the Pakistan Cricket Board was not doing anything, he decided to go to the Press. He confirmed that he was approached during the Singer Trophy in Sri Lanka and offered Rs. 10 Lacs. He maintained that he was informed five minutes before the start of the Bangalore Quarter Final that he was supposed to lead the team. He maintained that this was not normal practice and that he was sure Wasim Akram would play. Aamir Sohail was subsequently cross-examined by counsels for Wasim Akram and Salim Malik. He stuck to his earlier statement.
Next to appear was Dr. Dan Keisel, the Physiotherapist of the Pakistani cricket team. He confirmed that Wasim Akram was injured during the match against India at Bangalore and was treated with anti-inflammatory drugs. When questioned whether Wasim Akram was fit to play, he maintained that that question was for Mr. Wasim Akram to decide. He also stated that he had asked Wasim to come to him for treatment later. He was not sure if Wasim did.
Next to appear was the Captain of the current Pakistani team Wasim Akram. He confirmed that he was unfit for the match against India at Bangalore. He refuted the allegations leveled against him by Ata-ur-Rehman and maintained that he never offered any money to him. He confirmed that Zafar Ali alias Jojo was his neighbor but was not aware whether he was a bookie. He refuted the allegations that his brother was a bookie and maintained that his brother worked at a show room by the name of Madina Motors. He maintained that Salim Malik was one of the best batsmen in the world. He felt that the attitude of Majid Khan, Chief Executive was antagonistic and on no occasion was his performance appreciated by him. Wasim Akram also subsequently appeared on 3rd September, 1999 in which he answered allegations against the team made by Javed Miandad during the Sharjah Trophy which is dealt with separately.
Next to appear was Mr. Naeem Gulzar who was mentioned by Mr. Aaqib Javed and Javed Burki. He deposed that all cricketers were his friends. He said that Salim Malik and Ijaz Ahmad were involved in match-fixing and betting. However, he had no proof.
Next to appear was Waqar Younis who maintained that he had no knowledge of match-fixing and betting. He clarified that he had received no money or car from any person and maintained that the statement by Mr. Aaqib Javed was not correct. He also confirmed that the members had decided to take oath on the Holy Quran before the start of the match. This was due to Rashid Latif who felt that players were throwing away matches. Aaqib Javed was subsequently recalled and subjected to cross-examination on the 3rd September, 1999 by counsel for Waqar Younis. Aaqib reaffirmed that Waqar had received a car from a bookie. He named the car also Pajero Inter Cooler.
Next to appear was Raja Aftab Iqbal, the elder brother of Zafar Iqbal alias Jojo. He confirmed that he was friendly with Wasim Akram, Ijaz Ahmad and Salim Malik. He also stated that he would occasionally bet at Carry Home Restaurant and Star Video in Gulberg.
Zafar Iqbal alias Jojo also appeared. He maintained that he had never traveled with the Pakistani team abroad. He also maintained that his brother does not involve in betting and match-fixing. At this stage it was felt that the witness was making a wrong statement as his brother, who had appeared earlier, admitted Zafar Iqbal alias Jojo made bets. He was charged with perjury and a notice was issued U/s 476 of the CPC.
Rashid Latif was the next to appear. He maintained that before the fifth One Dayer at Christ Church, he was called by Salim Malik to his room and offered 10 Lacs to throw away the match. There were five other cricketers present in the room. However, he refused to take up the offer. Pakistan, according to Rashid Latif deliberately lost the match. He added that the main culprits were Wasim Akram and Salim Malik. Rashid Latif also confirmed that this was the same match regarding which Ata-ur-Rehman had given an affidavit. He also maintained that Wasim Akram declared himself unfit before the first ball was bowled and as such was feigning injury. In August, 1994, Rashid Latif informed the Court that Saeed Anwar was approached by Salim Malik and was asked to throw away the Singer Trophy match. However, as Saeed Anwar was very close to Rashid Latif, he was informed of the offer. During this match, mobile phones were freely used by Waqar Younis, Wasim Akram and Salim Malik. During the 10 day gap between the Singer Trophy held in Sri Lanka and the tour of Sharjah, he flew back with Salim Malik to Pakistan. Salim Malik’s luggage was lost and Mr. Rashid Latif was asked to look for it. The bag was found by Rashid Latif. In his bag, Mr. Salim Malik had 50,000 Sri Lankan rupees in cash which, according to Rashid Latif, was the money Salim Malik had won because of match-fixing and betting. Mr. Rashid Latif also maintained that the cricket players gamble amongst themselves and place heavy bets against each other. Rashid Latif confirmed that Saleem Pervez, the former opening batsman of National Bank was a bookie and was seen freely mixing with the players in their hotel rooms. He also confirmed that he had informed Arif Abbasi about the incident. Rashid Latif also confirmed that he had an altercation with Salim Malik during the South African tour as Malik was putting the other team i.e. South Africans to bat when conditions were optimal for batting. He maintained that Salim Malik, when asked, he refused to take an oath on the Holy Quran that the match was fixed. He maintained that he had accused Salim Malik of match-fixing because he himself had been offered money. He maintained that things had gotten so bad that he had to call Arif Abbasi and ask him to come to South Africa. However, Mr. Saleem Altaf was sent. Due to the circumstances prevailing, Rashid Latif decided not to play any longer and announced his retirement. He also produced copies of the cheques issued in favour of Salim Malik and audio cassettes containing conversations of Ata-ur-Rehman and Saeed Anwar.
Next to appear was Ch. Muhammad Khalid alias Gitti. He refuted the allegations leveled by Mr. Sarfraz Nawaz against him. He asserted that he had never visited or seen Salim Malik as was suggested by certain people. He maintained that he had never given Salim Malik Rs. 40 lacs.
Next to appear was Mr. Intikhab Alam, the former Manager. He has been associated with the game for nearly 17 years. He maintained that during the 1994 Final at Sharjah, he started receiving phone calls that the match was fixed. As such he assembled the cricketers and asked them to take an oath on the Holy Quran. He maintained that he was suspicious of the Final that took place in Sharjah against Australia and he called Waqar Younis, Salim Malik and Basit Ali to his room. These were the three players who he suspected were involved. According to him, Basit Ali confessed before him that he had indulged in match-fixing. Further Mr. Intikhab Alam stated that Asif Iqbal, the former Pakistani Captain was linked with bookies. Mr. Intikhab Alam also felt that this last match at Christ Church against New Zealand was fixed. He confirmed that there were rumors during the Mandela Cup final in South Africa that the Pakistani Team was going to lose the match. He stated that an anonymous person called him and alleged that the seven players namely Salim Malik, Wasim Akram, Inzamam-ul-Haq, Basit Ali, Ijaz Ahmad, Mushtaq Ahmad, Moin Khan and Waqar Younis had sold themselves. During the Zimbabwean Tour the allegations that Salim Malik had offered bribes to two Australian players also came up. Mr. Intikhab Alam opined that to fix a match at least five/ six players need to be involved. When asked about the players who he thought were absolutely clean he named Rameez Raja, Aaqib Javed and Aamir Sohail. He confirmed that Salim Pervez was staying in the same Hotel as the cricketers in their tour of Sri Lanka in 1994. Finally, Mr. Intikhab Alam maintained that betting and match-fixing had taken place during his tenure as Manager.
Salim Pervez alias Paijee appeared before this Inquiry and confessed that he himself had handed Salim Malik and Mushtaq Ahmad $ 100,000 to throw away the final in Sharjah against Australia. He stated that the two players had contacted him directly in this connection and had asked for a larger amount but settled for $ 100,000. This match was lost by Pakistan. He confirmed that he was present in Sri Lanka during the Singer Trophy. He was also of the view that the team deliberately lost the Mandela Trophy in South Africa and the Quarter Final in Bangalore. He suspected that Ijaz Ahmad had sold himself during the match in Bangalore. Salim Pervez was subsequently summoned and faced cross-examination. He was first cross examined by Mr. Azmat Saeed, counsel for Malik and later by Mr. Mozamal Khan, counsel for Mushtaq Ahmad. In his cross-examination, Salim Pervez elaborated his statement and stated that he was accompanied by one Mr. Butt who was the main man. He, in reply to a question said that US$ 100,000 were taken by him in his inner garments (underwear) and that he had earlier met Mushtaq Ahmad in Shalimar Hotel, Gulberg.
Next to appear was Mr. Khalid Mahmood, Chairman, Pakistan Cricket Board. Mr. Khalid Mahmood deposed that he could not say with certainty that match-fixing took place or not but he opined that he was certain that one day international at Nottingham in 1992 was not fixed. He stated that there was a consistent pattern of accusing the Pakistani cricketers of match-fixing whenever the team was faring well. When asked whether he had any explanation for the allegations leveled by the Australian Team he deposed that the Australian Cricket was known for indulging in tactics like terrorizing the opposition in and off the field which they called “sledging”. He hoped that the matter would be resolved once and for all by this Commission of Inquiry.
Next to appear was Saeed Anwar. Saeed Anwar deposed that he never indulged in match-fixing and the statement of Rashid Latif to this effect was wrong. He confirmed that he had appeared before the Probe Committee and given a statement. He denied ever speaking to Mr. Javed Burki regarding the Singer Trophy in Sri Lanka. He felt that he was misunderstood by Mr. Burki.
Next to appear was Mushtaq Ahmad. He confirmed that Salim Pervez was staying in the same hotel as the cricket team and that he knew Salim Pervez. He denied that he had taken money from Saleem Pervez but said that his performance in the said match was very good. When questioned as to how he knew which match the counsel was referring to Mushtaq Ahmad had no answer.
Inzamam-ul-Haq also appeared. In his view the Singer Trophy match against Australia in Sri Lanka was not fixed. Inzamam-ul-Haq confirmed that an altercation had taken place during the South African tour between Captain and Vice Captain but he felt that no match-fixing takes place in Pakistan.
Mr. Imran Khan, former Captain, also appeared before this Commission of Inquiry. He felt that match-fixing had taken place in Pakistani cricket but apart from what Ata-ur-Rehman had told him he had no information regarding match-fixing. Mr. Imran Khan maintained that the involvement of the Captain is imperative if match-fixing is to take place because guaranteeing the results of the match cannot be without the knowledge or consent of the Captain. Mr. Imran Khan also maintained that Intikhab Alam was a decent person and should be believed. He suggested that any one found guilty of match-fixing, should be banned for life and fines should be imposed on them.
Mr. Javed Miandad, former Captain also appeared before this Commission of Inquiry. He stated that he knew Saleem Pervez and had also heard that Saleem Pervez had paid money to some Pakistani players. He also maintained that the Australians were speaking the truth. He suggested that the culprits be punished sternly and be banned for life. He stated that during the Singer Trophy match in 1994, the conduct of Pakistani team was suspicious and he felt that they were involved. He stated that once Mushtaq Ahmad had confessed to him about his involvement in match-fixing. He also stated that senior players had been influencing younger players in order to persuade them to indulge in match-fixing and those who did not agree, were put out of the team.
Javed Miandad was again called by the Commission in August 1999 to ask him as to why he had resigned as Coach of Pakistan team after its tour of Sharjah in 1999. He appeared before the Commission and after some hesitation stated that during the Pakistan match with England at Sharjah, he had received a phone call from someone apparently reliable and whom he did not want to name, who said that the match was fixed. That person told Miandad that Shahid Afridi, Moin Khan, Azhar Mahmood, Salim Malik, Inzamam-ul-Haq had taken money to ‘box’ the match. He even made Wasim Akram talk to the man. Miandad says he was furious at the team during lunch and say that England who were earlier 40/5 had scored 206. He further went on to state that before he knew what was happening, five of his batsmen were out and the entire team got out for about 135 runs in the 35th over without playing 50 overs.
The said five players were then summoned by the Commission on the 3rd September, 1999. All these players denied match-fixing and on the contrary said it was because of Javed Miandad’s allegations against them coupled with his extremely aggressive behaviour that they got upset and could not play properly and lost the match. They further stated that earlier on two different occasions, Javed had accused the team of match-fixing, once in Canada (Sahara Series) and once in Mohali (India) but on both those occasions Pakistan won the match.
Wasim Akram also appeared and explained the Sharjah match. He said he did talk to someone called Dawood Ibrahim on the phone, who told him that the match had been fixed. He asked Wasim to make the boys take oath on Holy Quran, which Wasim did not because Holy Quran was not available on the ground at that time.
Next to appear was the former Pakistani Captain and the recent Chief Executive of the Pakistan Cricket Board, Mr. Majid Khan. Mr. Majid Khan had been instrumental in the appointment of this Commission of Inquiry. Mr. Majid Khan deposed that after the disappointing performance of the Pakistani team in the Independence Cup Quadrangular matches, he confronted Haroon Rasheed. Mr. Haroon Rasheed maintained that if the Captain Wasim Akram was not interested in winning the matches, he, Haroon, should not be blamed. Mr. Majid Khan, produced exhibits which showed that Mr. Wasim Akram was promoting himself in the batting order, which was resulting in breaking the momentum and the slowing of the run rate. When Wasim Akram was confronted by Majid Khan, Wasim Akram replied that he was not aware of the in form batsman and the out of form batsman and that he would rectify the mistake. During the matches in Sharjah, the same mistake was repeated by Wasim Akram. He would promote himself in the batting order instead of Azhar Mahmood and Moin Khan. Mr. Majid Khan maintained that the exemplary punishment should be given to all those who were involved in match fixing so that an example could be set for others. He also suggested that investigating agencies should investigate the assets of the Players.
Next to appear was Saqlain Mushtaq, who refuted the allegations against him given by the Coach Haroon Rasheed. He maintained that he gave away 15 runs in the last over because he was asked to bowl with a new ball. This was because the white ball had to be changed because of visibility problems. Since no old ball was available, a new ball was given after rubbing off its shine which created difficulties for the spinners and for that reason, he could not contain the batsman.
Finally Aamir Sohail appeared again and produced the original affidavit sworn by Ata-ur-Rehman. Aamir Sohail maintained that during the Singer Trophy, Saleem Pervez had also come into his room and implied that he wanted to buy over Aamir Sohail. During the said match, a message was sent through Zahid Fazal, the 12th man and Saeed Anwar immediately retired hurt. At the time, there was no apparent reason for Saeed Anwar to leave the field. During the South African tour, Saeed Anwar was not in good form and was not making runs. When asked about his poor form, he replied that curse had come to him from God as he had been indulged in match-fixing. Aamir Sohail told him to pray for forgiveness and pay some “Kuffara”.
According to Sohail, during the World Cup Quarter-Final, Wasim Akram went to a Night Club just before the Bangalore match against India. When Aamir Sohail asked Wasim Akram about his fitness, Wasim said he was fit to play and that he would not miss such a crucial match. Aamir Sohail maintained that there is a team meeting before all important matches, but that no such meeting took place for this all important quarter final.
Before the Australasia Cup Final in 1994, Aamir Sohail maintained that he received a call from an Indian bookie who offered him Rs. 25 Lacs for getting himself out before scoring 10 runs and also getting Saeed Anwar run out. It was during this time that it was felt necessary for all the members of the team to take oath on the Holy Quran. Aamir Sohail maintained that the only reason Ata-ur-Rehman and Rashid Latif had lost their place in the National team was because they had exposed all the match fixers. Mr. Aamir Sohail maintained that during the 1994 Christ Church match, Mr. Majid Khan was very up-set about the rumours and had banned all telephone calls going to the players directly. This is the same match in which Ata-ur-Rehman later gave an affidavit. Aamir Sohail maintained that match-fixing mainly takes place in Sharjah and that Saleem Pervez had informed him that he had paid money to Salim Malik, Mushtaq Ahmad, Inzamam-ul-Haq and Waqar Younis.
Mr. Qaiser Ali Shah, Director of the Ehtesaab Bureau appeared and made a statement that the Bureau at the request of the Chairman of the Adhoc Committee made an investigation into the affairs of the Pakistani Cricket Team. The Bureau was given two days to do this. There was a lot of hearsay evidence, but no direct evidence available.
The Ehtesaab Bureau Report.
The Ehtesaab Bureau then submitted a report on match-fixing, indiscipline in the team and mismanagement. It also included some investigation into the World Cup final performance. On the whole the report found all allegations to be baseless and the allegations about the World Cup possibly ‘the outcome of an emotional trauma that the nation has gone through during the World Cup.’ A brief summary of the report follows:
The Ehtesaab Bureau (EB) report compiled a list of bookies. It was as follows:
‘Haneef Caddie – Zafar alias Jo Jo.- Koki.- Saleem and Arif Pappu. Ch.Khalid-Mian Koko- Naseer-Shahzada – Chotani – Iqbal Club – Salim Matka – Jawaid – Mukaish – Ratta – Aslam Bhatti – Gulbert – Riaz – Wasim Anwar – Mian Shaukat Elahi – Rehmat – Pervez – Shabban – Vinod – Daneish – Aneel Steal – Bharat Club – Poley – Pinkey – Ramesh – Salim Pervez.’
The EB report notes that gambling in Cricket has its roots with ‘Carry Packer of Australia [sic]’ and for Pakistan in the development of cricket in Sharjah under the guidance of Mr. Abdul Rehman Bukhatir and with the assistance of Mr. Asif Iqbal. Sharjah became a gambling event for bookies. It also noted that most of the gambling is channeled through Bombay, India.
The EB Report further says that ‘against all rumors it was surprising to note that a lone player cannot arrange match-fixing through the bookies network. It is practically impossible, because news will flash like a wild fire in the gambling markets. Hence it is difficult for the bookies to make wind-fall by arranging match-fixing. Thus this option was totally ruled out.’ On similar reasoning the Report concluded that since the UK gambling system is computer linked, the World Cup could not have been fixed as once more the news of large bets would have flashed all over the UK.
“There are certain matches which are alleged to have been Fixed [sic], have been carefully scrutinized; but we failed to arrive at a definite conclusion that the charges are true in essence and spirit. The charges leveled were wild in nature, devoid of proper evidence to substantiate the allegations. At best it can be defined as varied viewpoint of experts on a technical issue. Discreet inquiries and a bundle of hearsay stories were sifted; but it all had driven us to an inference that even if a match is fixed, it cannot be a team act but it could be an individual act. Thus it is a difficult proposition to track down.”
‘The assets movement in the form of money laundering etc. (in the players finances) had not gone to an exaggerated extent where one could conclude that black money had trickled into their coffers. Thus we are constrained to conclude in its totality that without any shadow of doubt match-fixing had taken place.’
The Report also did a general review of the situation players are faced with. It notes that players can be taken off track by the various concerns and temptation such as these that litter their path:
short lived career and glamour
social differences among the different groups
attraction from overseas families during foreign tours
attempts to retain positions in the team
resources and benefits are poor for the Pakistan team, even vis-à-vis India
managers are not appropriately paid and have great financial differences vis-à-vis the players they have to control.
The team has failed to be the best it can be because of:
Propaganda unleashed by the losers and international media
Exploitation by the same overseas families who served abroad and defamed the players at home
Internal friction/ lobbying and the politics of the team players
Regional polarization between Lahore and Karachi
Professional jealousy against emerging junior competitors
Exploitation by the print media.
The Report thereafter goes into arguments why the present Board set-up is not the best and needs to be replaced by a modern set-up. That is not the concern of this inquiry, so that part can be ignored.
A number of reasons make this report to be of rather limited value to this Commission:
One, a lot of reasoning therein used is erroneous. The Ehtesaab Bureau Report assumes that anything setup with one bookie would immediately be revealed to other bookies and thereafter no one can make a profit. Therefore it would have us believe no bookie would ever approach a player as doing so would be unprofitable for him. That, putting it lightly, is quite faulty reasoning.
Two, as the report itself notes the time given for inquiry and reporting was only two days. Therefore the report and investigation was not thorough enough. As such it can be largely ignored. The report does though provide some useful information into the temptations that Cricket players are faced with.