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Dawn Pakistan cricket stars in legal trap
Samiul Hasan - 30 October 2001

At least six current Pakistan cricketers may end up in a court of law after they were forced to terminate their lucrative two-year contracts by the cricket board.

Highly placed sources said captain Waqar Younis, vice- captain Inzamam-ul-Haq, Saeed Anwar, Yousuf Youhana and Azhar Mahmood had filed requests to their agent - Sports Unlimited - for termination of the contracts before leaving for Sharjah.

Three other players - Moin Khan, Mushtaq Ahmad and Saqlain Mushtaq - also had signed contracts with Sports Unlimited. But Saqlain is not representing the country because of his personal commitments whereas Moin and Mushtaq have not been asked to terminate their bond as they are currently not in the selectors' reckoning.

According to a copy of the agreement, obtained by Dawn, "the players confirm to provide The Coca Cola Export Corporation (TCCEC) with the services of product celebrity for a period of two years commencing Jan 1, 2001."

The agreement is to run from Jan 1, 2001 to Dec 31, 2002.

Inzamam has signed the contract at Rs 1.7 million, Waqar Rs 1.3 million, Youhana Rs 900,000, Saeed Rs1.4million and Moin Rs 2.4 million. However, the players are being pressurised to revoke their contracts as it directly clashes with the interests of the Pakistan Cricket Board (PCB) who have an agreement with Coca Cola's arch rival Pepsi which annually pays $4.6million to the PCB.

While a spokesman of Sports Unlimited denied that he had received the plea of cancellation of contracts, he admitted that he wouldn't be surprised if the players came up with the request.

"I wouldn't be surprised at all because I know they are under immense pressure to terminate their contracts. It's because of that pressure that they have not been following dates for product's publicity campaigns," Rafi Hasan, chief executive of Sports Unlimited, said.

He added that this year, the players had appeared just once in commercial and had since then been dodging him as well as the sponsors. But Rafi said that he would take the players to the court of law if Coca Cola decided to take legal action against him.

"If Coca Cola takes me to the court, naturally I would press charges against the players. The simple reason is that I have not violated any contract but it's the players who are backing out." He, however, emphasized that he would not initiate any charges against the players until forced to.

The spokesman further said the players can only request for termination of the contracts but cannot revoke it. "If they decide to revoke it, they might face severe embarrassment," he said.

Explaining his role and involvement in the entire scenario, he cited the example of Azhar Mahmood who returned the contract along with the initial amount to Coca Cola. "But it was not entertained because the players have a contract with Sports Unlimited and not with Coca Cola. It's me who has signed the contract with Coca Cola on players' behalf. This implies that Azhar is legally contracted with me no matter what he thinks," he said.

While the PCB have promised to compensate the players with either a fresh contract or sign them with some other sponsor, rumours at the Gaddafi Stadium are that the PCB were also contemplating compensating Sports Unlimited by awarding stadia rights for three years at Rs50million.

But Rafi Hasan dispelled the impression, saying: "We had bought cricket and hockey stadia rights for the cancelled events. We had, in fact, proposed the PCB to award us the contracts on a longer terms, say three years at Rs50million. "But it was our proposal and nothing more than that."

Legal experts said the hands of the players were completed tied after signing the contract. "They cannot escape from the contract. It's a one-sided contract in which there is no termination clause. In fact, according to the contract, the players cannot appear for Coca Cola's rivals for six months after the termination of the contract," legal experts said.

Clause 5 of the contract, a copy of which is with Dawn, says:

"I (player) agree that during the term of this agreement and for a period of six (6) months after the expiry or earlier termination of this agreement, I will refrain from participating in, or lending or using my name, image of statement (both written or oral) for or in connection with, any programme, promotion or advertisement of any product which compensates with the products excluding mineral water, tea and coffee."

The breakup of payments of Rs 1,300,000 made to Waqar Younis is:

Year 2001 (Year 1)

10% of the annual amount i.e. Rs 195,000 to be paid on the 15th of January 2001.

15% of the annual amount i.e. Rs 325,000 to be paid on the 10th of February 2001.

25% of the annual amount i.e. Rs 325,000 to be paid on the 3rd of April 2001.

25% of the annual amount i.e. Rs 325,000 to be paid on the 3rd of July 2001.

25% of the annual amount i.e. Rs 325,000 to be paid on the 3rd of October 2001.

25% of the annual amount i.e. Rs 325,000 to be paid as bonus on the 3rd of October 2001.

Year 2002 (Year 2)

Annual increment of 10% to 20% (depending upon the performance during year 2001) over 2001 to be paid as follows:

25% of the annual amount will be paid on 3rd of January, 2002.

25% of the annual amount will be paid on 3rd of April, 2002.

25% of the annual amount will be paid on 3rd of July, 2002.

25% of the annual amount will be paid on 3rd of October, 2002.

© Dawn


Players/Umpires Waqar Younis, Inzamam-ul-Haq, Saeed Anwar, Yousuf Youhana, Azhar Mahmood, Moin Khan, Mushtaq Ahmed, Saqlain Mushtaq.

Source: Dawn
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