The Supreme Court on Thursday directed a sessions court in West Bengal to decide within a month the domestic violence case filed against cricketer Mohammed Shami by his estranged wife Hasin Jahan.
A bench headed by Chief Justice D Y Chandrachud was hearing an appeal by Jahan challenging the March 28, 2023 order of the Calcutta high court which upheld an order of the sessions judge staying the arrest warrant issued against Shami.
The top court noted a case was registered against the India pacer at Jadavpur Police Station on March 8, 2018 for alleged offences punishable under Sections 498A (harassment for dowry) and 354 (Assault or criminal force to woman with intent to outrage her modesty) of the Indian Penal Code and it was pending before the Additional Chief Judicial Magistrate, Alipore, South 24 Parganas.
It also took into account that a warrant of arrest was issued by the ACJM on August 29, 2019 against the cricketer.
Later, Shami filed a revision petition before the Sessions Judge, South 24 Parganas against the warrant of arrest who stayed all further proceedings in the criminal case till November 2, 2019. Thereafter, the proceedings have not taken place and the stay on the trial has continued over the last four years.
“Having regard to the above backdrop, we find merit in the grievance of the petitioner that there is no justification for continuing with the stay of all further proceedings when the revision arose out of the issuance of a warrant of arrest.
“We accordingly direct the Sessions Judge to take up the criminal revision and to dispose it of within a period of one month from the date of receipt of a certified copy of this order. If that is not possible for the Sessions Judge due to the exigencies of work, the Sessions Judge shall peremptorily dispose of any application for vacating or modification of the stay which has been granted in the above case, within the same period,” the said.
The bench also included Justices P S Narasimha and Manoj Misra.
Jahan had filed the case of domestic violence against Shami and some of his family members in 2018.
