According to the ICC's Anti-Corruption Code, the ICC banned Shakib Al Hasan. Section 1 of the decision to punish Shakib mentions three incidents of crime and three days. Namely -
In the middle of November 27, a number of Shakib's WhatsApp messages were exchanged with Agarwal.
On January 7, Agarwal sent a message to Shakib on WhatsApp.
On January 27, Agarwal again sent a WhatsApp message to Shakib.
On April 27, 20, Shakib messaged Shakib on Agarwal WhatsApp on the day of the IPL match.
The ICC launched an investigation against Shakib. The Inquiry Committee interrogated Shakib on January 26 and August 29.
ICC charges against Shakib in five incidents on 23 October, according to Article 2.2.1 of the ICC Anti-Corruption Code. The time and date of these three criminal cases are mentioned in the ICC decision in the following manner -'namely on 19 January 2018, on 23 January 2018 and on 26 April 2018.'
The ICC that punished Shakib for violating the Anti-Corruption Code came into effect on February 7. Which is mentioned in paragraph 4.1 of the ICC Anti-Corruption Code:
'The Anti-Corruption Code shall come into full force and effect on 9 February 2018 (the "Effective Date"). It shall not operate to disturb any decisions and/or sanctions made under the predecessor versions of the Anti-Corruption Code (including the Code of Conduct) or anti-corruption rules of the National Cricket Federations. Nor will it apply its substantive provisions retrospectively to matters pending before the Effective Date. Instead, any case pending prior to the Effective Date, or after the Effective Date but based on the actions or omissions that occurred before the Effective Date, shall be governed (a) as the substance, by the predecessor to the Anti-Corruption Code that was the force in force at the time of the alleged offset, subject to any application of the principle lex mitior by the hearing panel determining the case;
That is, this code cannot be applied to a 'retrospective effect' or 'backward effect' in the event of a date before the date of operation. Therefore, Shakib cannot be punished in accordance with the existing code paragraphs for events occurring before the date of execution of this code.
The dates of the charges against Shakib are January 1, January 26, January 28 and April 25. That is, two incidents occurred before the ICC Anti-Corruption Code on February 26, 2009. Consequently, in these two cases, it is completely illegal to punish according to this code. This is because, in the case of January 7 and January 25, paragraphs 2.2.1 and 3.2 of the ICC Anti-Corruption Code of the 28th did not exist. Consequently, it is perfectly illegal to punish Shakib in accordance with Article 6.2 of the offense in violation of Article 2.2.1 of the Code in these two cases.
Although the ICC had an ICC 27 Anti-Corruption Code. However, no action has been taken against Shakib under this code. Since the current code only applies on April 23, according to this code, if it is too much, then there could be a 6-month ban.
Sadly, neither Shakib can appeal or review the ICC's decision.
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