Mohammed Shami-Hasin Jahan Domestic Violence Case: SC orders Bengal sessions court to decide within a month

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Mohammed Shami-Hasin Jahan Domestic Violence Case: The Supreme Court on Thursday (July 6) heard the plea of Hasin Jahan, the estranged wife of Indian cricketer Mohammed Shami. The top court has ordered the sessions court in West Bengal to take a decision over the domestic violence case within a month.

A bench headed by Chief Justice D Y Chandrachud heard the appeal filed by Jahan which challenged 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.

Jahan had alleged that the star India quick had relations with several other girls and accused the UP-born pacer and his family of assaulting her physically and mentally. Jahan had also alleged that her husband was involved in match-fixing, which the BCCO ombudsmen rubbished after a thorough investigation. Hasin Jahan accuses Mohammed Shami of sleeping with call girls at hotels, moves Supreme Court

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 the ACJM issued a warrant of arrest on August 29, 2019 against the cricketer. Shami, later, 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 order said.

The bench also included Justices P S Narasimha and Manoj Misra. Jahan had filed a case of domestic violence against Shami and some of his family members in 2018.