Mohammad Shami domestic violence case: Supreme Court orders sessions court to complete trial in a month
The Supreme Court on Thursday directed a sessions court in West Bengal to decide within one month the domestic violence case filed against cricketer Mohammed Shami by his wife, Hasin Jahan [Hasin Jahan vs Union of India and Ors.].
Alternatively, the sessions court should decide the application by Jahan to lift the stay on Shami's trial, the apex court directed.
The order was passed by a bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and Manoj Misra after noting that the proceedings were initially stayed only until November 2, 2019.
However, it came to the top court's attention that the stay was prolonged for a duration of four years.
Thus, the Court found merit in the plea by Shami's wife, who had moved the top court against the delay in trying the case.
"By an order dated September 9, 2019, the sessions judge passed an order staying the proceedings till November 2, 2019. Stay on trial has continued since last 4 years. Thus we find merit in the plea. We direct the sessions judge to dispose of the proceedings within a month of this order. If this is not possible then dispose of any application filed to lift the stay on trial," the Court ordered on Thursday.
In 2019, a sessions court in West Bengal had stayed the arrest warrant issued against Shami. It also stayed the criminal trial against Shami.
Thereafter, Jahan moved the Calcutta High Court, which dismissed her plea, prompting her to approach the Supreme Court.
Jahan sought resumption of the criminal trial against Shami, who is facing charges of dowry demand and domestic violence. Jahan urged the Court to lift the stay imposed by a sessions court on the cricketer's arrest.
Jahan claimed that Shami used to demand dowry from her and that he was continuously involved in illicit extra-marital relationships.
The plea alleged that Shami was involved in "sexual affairs with prostitutes, especially during his BCCI tours, in the hotel rooms."
Jahan further stated that Shami used his second mobile phone to manage all his affairs with prostitutes and that the said phone was seized by the Lal Bazaar Police in connection with the present case.
"However, Mr. Shami still continues to be involved in sexual activities with prostitutes," Jahan added.
The plea further submitted that the trial, in this case has not progressed in the last four years owing to a stay.
Jahan had also highlighted that Shami has not appeared before the trial court or even applied for bail in the case.
On a related note, in January this year, a Kolkata court had ordered Shami to pay a monthly alimony of ₹50,000 to Jahan.