Why Pakistan is right to take the ICC to court

There is one scenario in which Pakistan's legal confrontation with the ICC over World Cup 2011 hosting rights could prove an intelligent move: if it forces both the ICC and Pakistan into a compromise that relocates the Pakistan-based games to Dubai and Abu Dhabi. Indeed, this may well have been the ultimate strategic outcome in the mind of the PCB officials as they planned a litigious attack on the ICC.

Deep inside, even the PCB hierarchy understands that no visiting team will feel safe in Pakistan after the calamitous events of March this year in Lahore. Pakistan as a political and social entity has to enjoy a long run of peace and stability before the prevailing mood on that situation can be expected to change. But don't expect the PCB to admit as much; as the official protector of Pakistan cricket, it cannot afford to give the appearance of surrender.

The opportunity for a legal challenge to the ICC popped up unexpectedly for the PCB. It is only understandable that with the chips down and their backs to the wall, they will pounce on it. Unlike on previous occasions, when security concerns have been discussed, it appears that this time around due process was not followed. The PCB claims that relocating World Cup matches was not on the agenda of the recent ICC meeting, and when it was brought up, the PCB chairman Ijaz Butt was caught off guard. If this is true, then the ICC has no defence. Any law firm worth its salt – and DLA Piper, the group engaged by the PCB, is certainly one such – will smell blood and go for the kill.

Granted, Mr Butt should have done his homework on this topic. Granted, he and his aides should have been able to think on their feet and propose Dubai and Abu Dhabi as proxy venues. Had he done that during the meeting, it is possible that the compromise now being hoped for could have been reached without much fuss.

But even despite this missed opportunity, the PCB is in the rare position of having a strong hand. Pakistan's recent series against Australia has shown that the stadiums in both Dubai and Abu Dhabi, with fantastic facilities and full-throated crowd support, are highly credible alternate venues. True, they are outside the boundaries of South Asia, but flying times are convenient, with a flight from Karachi to Dubai taking about only as long as a flight from Karachi to Islamabad. There is some concern that the arrangement has proved more expensive for the PCB than expected, but added expense is hardly a driving concern if you are trying to salvage World Cup hosting rights and the prestige that comes with them.

Put yourself in the PCB's shoes. It deserves some empathy. Several commentators have observed that this legal confrontation between the ICC and the PCB helps no one. Nothing could be farther from the truth, because it certainly helps Pakistan. It gives the PCB an opening that, for the first time in this atmosphere of fear and terror, could enable them to force a compromise. For if the ICC failed to follow due process, it has few options. With DLA Piper on the case, we can be sure we will get to the bottom of this.