On Thursday, the Supreme Court ordered a sessions court in West Bengal to decide within one month on the domestic violence case filed against cricketer Mohammad Shami by his wife, Hasin Jahan.
On the other hand, the apex court directed that the sessions court should also consider the application by Jahan to lift the stay on Shami’s trial.
A bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narsimha and Manoj Misra, passed the order after noting that the proceedings were kept on stay only until November 02, 2019.
However, it came into the attention of the top court that it’s been four years for the stay. Hence, the Court found merit in the plea by the cricketer’s wife who moved to the top court against the delay in her case.
The Court ordered on Thursday, “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.”
In 2019, a sessions court in West Bengal had put a stay on the arrest warrant issued against Shami. It also put a stay on the Criminal trial against Shami.
After that, Jahan moved the Calcutta High Court, which dismissed her plea and prompted her to approach the Supreme Court.
Jahan sought resumption of the criminal trial against her husband, who is facing dowry demand and domestic violence charges. She requested the Court to lift the stay imposed by a sessions court on the arrest of the cricketer.
She also told that the Indian Cricketer Shami often used to demand dowry from her and also, he was engaged in extra-marital relationships even after marriage.
In a plea alleging that Shami was involved in “sexual affairs with prostitutes, especially during his BCCI tours, in the hotel rooms.”
She also stated that Shami used to carry a second mobile phone to manage all his extra-marital affairs. And the same phone was seized by the Lal Bazaar Police.
Jahan also added, “However, Mr. Shami still continues to be involved in sexual activities with prostitutes.”
In her submitted plea, it was told that the case hasn’t progressed in the last four years due to a stay.
She also highlighted that Shami had neither appeared before the trial court nor he applied for bail in the case.
In the same dowry and domestic violence case, in January this year, a Kolkata court had ordered Shami to pay a monthly alimony of Rs 50,000 to Jahan.
Source: https://www.barandbench.com/news/litigation/mohammad-shami-domestic-violence-case-supreme-court-sessions-court-trial-one-month