SC directs WB's Sessions Judge to take up, dispose of plea of Mohammad Shami's estranged wife

New Delhi [India], July 6 : The Supreme Court on Thursday directed West Bengal's Sessions Judge to take up and dispose of Indian Cricket Team player Mohammad Shami's estranged wife's plea within a month and also made it clear that if this is not possible then the sessions judge may pass any order for modification of the order of stay.

A bench led by Chief Justice of India DY Chandrachud and also comprising justices PS Narasimha and Manoj Misra said that the bench find merit in the petition filed by Indian Cricket Team player Mohammad Shami's wife plea as it noted that the matter was not heard over last 4 years.

The court noted that a warrant of arrest was issued by the Additional Chief Judicial Magistrate, Alipore, on August 29 2019. The said order was challenged by Shami before the Sessions Court, which, on September 9 2019, stayed the arrest warrant and the entire proceedings of the criminal trial.

The top court noted that the proceedings have not been heard and the stay on trial has continued over the last four years.

The court directed the concerned sessions judge to take up and dispose of the criminal revision within a period of one month. The top court also clarified that if that is not possible, then the sessions judge may pass an order for modification of order of stay.

Indian Cricket Team player Mohammad Shami's estranged wife has challenged the Calcutta High Court order dated March 28 2023 whereby her prayer for quashing the order of Session Court was dismissed. A Sessions Court in West Bengal had stayed the arrest warrant issued against Shami.

The wife of current Indian Cricket Team player Mohammad Shami, has moved to Supreme Court through her counsels Deepak Prakash, Advocate-on-Record, Nachiketa Vajpayee and Divyangna Malik Vajpayee, Advocates, alleging that Shami used to demand dowry from her.

According to the petition, arrest warrant was issued against Sahmi by the Additional Chief Judicial Magistrate, Alipore, on August 29 2019. The said order was challenged by Shami before the Sessions Court, which, on September 9 2019, stayed the arrest warrant and the entire proceedings of criminal trial. Shami's wife moved the High Court of Calcutta, but failed to get any order in her favour.

She has moved the Supreme Court against the Calcutta High Court order dated March 28 2023. She said that the impugned Order is manifestly erroneous in law, which is in blatant violation of her right to speedy trial.

Shami's wife in plea before SC raises concern that there shall not be any special treatment for celebrities under law. Notably, from the last 4 years, trial has not progressed and has remained stayed, she said.

"Criminal Trial in the present case has been stayed for the past 4 years, without any just circumstances, in a case wherein Respondent No. 3 did not even pray for the stay of criminal trial and his sole grievance was only against the issuance of Arrest warrants against them, thus, the Sessions Court acted in an erroneous and biased manner, by virtue of which the rights and interests of the Petitioner have been severally jeopardized and prejudiced," the petitioner said.

"That such stay been granted in the favour of the accused person is bad in law and has caused a grave prejudice who has been a victim of the illegal act of brutal assault and violence against the petitioner herein by this high profile accused in favour of whom the District and Sessions court, Alipore, as well as High Court at Calcutta, vide impugned order has granted a one-sided undue advantage in favour of the accused which is not only bad in law but is also against the principle of Natural Justice," the petitioner said.

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