‘Mohammed Shami demanded dowry, have extra-marital affairs’ wife Hasin Jahan moves SC to lift stay on cricketer's arrest
2 min read . Updated: 03 May 2023, 09:51 AM IST
PremiumThe Indian Cricket Team player Mohammad Shami's wife has challenged the Calcutta HC order dated March 28 2023 whereby her prayer for quashing the order of Session Court was dismissed.
Indian cricket team player Mohammad Shami's wife Hasin Jahan has moved Supreme Court against an order passed by Calcutta HC which had dismissed her plea seeking to lift stay on the arrest warrant against Shami. Earlier, a Sessions Court in West Bengal had stayed the arrest warrant issued against her husband.
In the plea, she has alleged that Shami used to demand dowry from her and has been continuously involved in illicit extra-marital sexual affairs with prostitutes, especially during his BCCI tours, in the hotel rooms provided by the BCCI, even till the present day.
Her plea has come to challenge the Calcutta HC order dated March 28 2023 whereby her prayer for quashing the order of Session Court was dismissed.
Hasin Jahan moved the SC through her counsels Deepak Prakash, Advocate-on-Record, Nachiketa Vajpayee and Divyangna Malik Vajpayee, Advocate. '
According to the petition, an arrest warrant was issued against Shami by the Additional Chief Judicial Magistrate, Alipore, on August 29 2019. Mohammad Shami challenged the said order before the Sessions Court, which, on September 9 2019, stayed the arrest warrant and the entire proceedings of the criminal trial.
Consequently, Shami's wife moved to the Calcutta HC but failed to get any order in her favour. She has now moved to 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 a speedy trial. Shami's wife in a plea before the Supreme Court raised concerns that there shall not be any special treatment for celebrities under the law.
Notably, from the last 4 years, the 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 has been granted in 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.
(With inputs from ANI)