Supreme Court Directs West Bengal Sessions Court To Decide Cricketer Mohammad Shami Domestic Violence Case In One Month

The Supreme Court on Thursday directed a West Bengal Sessions Court to dispose of pleas concerning warrant issued against cricketer Mohammad Shami in a cruelty and assault case filed by his wife Hasin Jahan in 2018. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra was hearing a plea filed by Hasin Jahan against the Calcutta High Court's dismissal of her petition challenging the sessions court order staying the arrest warrant issued against Shami.

The court noted that the Sessions Judge had initially stayed the proceedings in the matter until November 2, 2019. However, the stay continued to operate for a duration of four years. CJI DY Chandrachud, dictating the order, said–

"While we are not inclined to interfere with the order of the High Court, we direct the sessions court to dispose of all proceedings...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."

Background

The petitioner filed a written complaint with Jadavpur police station dated March, 2018 under Section 498A  and Section 354 (Assault or criminal force to woman with intent to outrage her modesty) of IPC, which ended in charge sheet.

The Chief Judicial Magistrate, Alipore vide order dated August 29, 2019 issued arrests warrants against Shami and his relatives (Opposite parties).

The opposite parties preferred a revision against the said order of the Magistrate before the Sessions Judge, Alipore, who vide order dated September 9, 2019 admitted the revision and granted stay on the proceedings till the matter was to be adjudicated on merit.

The petitioner filed the revision petition before the High Court against the impugned order of the Sessions Judge dated September 9, 2019.

The High Court observed that one of the reasons given by the Magistrate for issuing the warrant of arrest instead of summons, was that Shami is a cricketer in the Indian team and a bad message would go to the society specially to the petitioner, who may think she has been prejudiced as Shami is a high profile accused.

Case Title: Hasin Jahan v State of West Bengal SLP(Crl) No. 6171/2023 II-B

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