The Supreme Court on Thursday ordered a sessions court in West Bengal to take a firm decision in the domestic violence case filed against cricketer Mohammad Shami by his wife (Hasin Jahan), within a month.
The apex court also directed, “the sessions court should decide the application by Jahan to lift the stay on Shami’s trial.”
The order was given by a bench of Chief Justice of India (CJI) DY Chandrachud and Justices Manoj Misra and PS Narasimha after taking into consideration that the proceedings of the case were initially stayed until November 2, 2019 only.
The Court got merit in the plea by the wife of the Indian Cricketer who had moved the top court against the delay in the case.
On Thursday, the Court ordered, “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 of West Bengal had stayed the arrest warrant issued against him. The Court also stayed the criminal trial against Shami.
And therefore, Jahan moved the Calcutta High Court which dismissed her plea and asked her to move to the Top Court.
In the case of demanding dowry and domestic violence, she sought resumption of criminal trial to run against her husband. Jahan also urged the Court to lift the stay imposed by a sessions court on the arrest of Shami.
Apart from dowry, she also claimed that Shami was involved in “sexual affairs with prostitutes, especially during his BCCI tours, in the hotel rooms.”
Jahan further told in her plea that Shami had also kept a second mobile phone to manage all his affairs extra-marital or illegal affairs and the phone was seized by the Lal Bazar Police in the same case.
She also added, “However, Mr. Shami still continues to be involved in sexual activities with prostitutes.”
Jahan also disclosed in her plea that Shami has not presented before the trial court or even taken any bail in the case.
The Court found that the case has not progressed in the last four years due to the stay on it.
However, in January this year, a Kolkata court directed the Cricketer to pay a monthly alimony of ₹50, 000 to his wife, Hasin Jahan.
Source: https://www.barandbench.com/news/litigation/mohammad-shami-domestic-violence-case-supreme-court-sessions-court-trial-one-month
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