The Pakistan Cricket Board is planning to issue a fresh showcause notice to Younus Khan for alleged indiscipline but the senior batsman’s legal team has asserted that such a move would be "criminal".
Lawyer Ahmed Qayyum, who has represented Younus in his appeal against the indefinite ban imposed on him by the PCB in March, said if the board issued a fresh notice to his client, it would be a crime.
"Issuing a fresh showcause notice to Younus would be a violation of Article 13 of the constitution as no one can be punished for the same offence twice," Qayyum said.
He said his client has already been punished for indiscipline. "The board has already punished him for the so-called misconduct and indiscipline. So constitutionally he can't be punished again for the same offence. The board would commit a crime by giving him a fresh notice.
"It is strange that now even though his ban has been lifted the board is not willing to consider him for the national team despite the crisis in England," Qayyum said.
Younus has himself kept a very low profile and refrained from talking to the media on his case since returning from England.
Though the appellate tribunal lifted the ban on him in June, the PCB and its selectors did not consider Younus for the England tour despite strong criticism and demands from cricket circles that Younus deserved to be in the side.
The PCB has threatened to issue a notice to Qayyum for making disparaging remarks against them and said Younus himself has not bothered to contact the board with regards to his case as yet.
Tafazzul Rizvi, the legal advisor of the board rejected the claims made by Qayyum stating that there would be no violation of the constitution if Younus was issued a fresh notice.
"Younus Khan's case does not count as double jeopardy as he has not been penalised as yet since his ban was removed by the appellate tribunal," Rizvi said