Supreme Court Steps In: Mohammed Shami Domestic Abuse Case to be Resolved Within a Month
Supreme Court Steps In: Mohammed Shami Domestic Abuse Case to be Resolved Within a Month
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New Delhi: The cricketer Mohammed Shami was accused of domestic abuse by his estranged wife Hasin Jahan, and the Supreme Court on Thursday ordered a West Bengal sessions court to rule on the case within a month.

An appeal by Jahan was being heard by a bench under the leadership of Chief Justice D Y Chandrachud. Jahan was contesting a decision made on March 28, 2023 by the Calcutta High Court that upheld a decision by the Sessions Judge delaying the arrest warrant issued against Shami.

The Supreme Court of India observed that a case was filed against the Indian pacer at the Jadavpur Police Station on March 8, 2018, for alleged offenses punishable under Sections 498A (harassment for dowry) and 354 (Assault or criminal force to a woman with intent to outrage her modesty) of the Indian Penal Code. The case was still pending before the Additional Chief Judicial Magistrate in Alipore, South 24 Parganas.

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It further considered the fact that the cricketer was the subject of an arrest warrant issued by the ACJM on August 29, 2019.

Shami later appealed the arrest warrant to the Sessions Judge in South 24 Parganas, who postponed any further action in the criminal case until November 2, 2019. The trial has been suspended for the past four years as a result of the subsequent lack of proceedings.

"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.”

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"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 Judge said.

Justices P S Narasimha and Manoj Misra were also on the bench.

In 2018, Jahan reported Shami and others of his family members for domestic abuse.

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