Domestic violence case against Mohd Shami: SC orders sessions court to complete the trial in a month
Shami's wife moved to the Calcutta High Court but failed to get any order in her favour
The bench found merit in the petition filed by Jahan
Updated: Jul 6th, 2023
The Supreme Court today directed West Bengal's Sessions Judge to take up and dispose of the plea filed by Indian Cricketer Mohammad Shami's estranged wife, Hasin Jahan, within a month and made it clear that if this is not possible then the sessions judge may pass any order for modification of plea filed to lift the stay on trial.
A bench led by Chief Justice of India DY Chandrachud and also comprising justices PS Narasimha and Manoj Misra said that the bench found merit in the petition filed by Jahan as it noted that the matter was not heard over the last four years.
SC noted that a warrant of arrest was issued by the Additional Chief Judicial Magistrate, Alipore, on Aug 29, 2019. The said order was challenged by Shami before the sessions court, which, on Sept 9, 2019, stayed the arrest warrant and the entire proceedings of the criminal trial.
Supreme Court also noted that the proceedings have not been heard and the stay on trial has continued over the last four years.
Jahan has challenged the Calcutta High Court order dated Mar 28, 2023, whereby her prayer for quashing the order of sessions court was dismissed. A sessions court in West Bengal had stayed the arrest warrant issued against Shami.
Jahan has moved to the Supreme Court through her counsels Deepak Prakash, Advocate-on-Record, Nachiketa Vajpayee and Divyangna Malik Vajpayee, Advocates, alleging that Shami used to demand dowry from her.
According to the petition, an arrest warrant was issued against Sahmi by the Additional Chief Judicial Magistrate, Alipore, on 29 August 2019. The said order was challenged by Shami before the sessions court, which, on Sept 9, 2019, stayed the arrest warrant and the entire proceedings of a criminal trial. Shami's wife moved to the Calcutta High Court but failed to get any order in her favour.
She had moved the Supreme Court against the Calcutta High Court order dated Mar 28, 2023. She said that the impugned order is manifestly erroneous in law, which is in blatant violation of her right to a speedy trial.
Shami's wife in her plea before the SC raised concern that there shall not be any special treatment for celebrities under the law. Notably, from the last four years, the trial has not progressed and has remained a stay, she said.
"Criminal trial in the present case has been stayed for the past four years, without any just circumstances, in a case wherein he (Shami) did not even pray for the stay of criminal trial and his sole grievance was only against the issuance of Arrest warrants against them," she said.
The sessions court acted in an erroneous and biased manner, by virtue of which the rights and interests of the Petitioner have been severely jeopardised and prejudiced, the Petitioner said.
"That such stay has been granted in the favour of the accused person is bad in law and has caused a grave prejudice who has been a victim of the illegal act of brutal assault and violence against the petitioner herein by this high profile accused in favour of whom the District and sessions court, Alipore as well as High Court at Calcutta has granted a one-sided undue advantage in favour of the accused which is not only bad in law but is also against the principle of Natural Justice," the petitioner said.
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